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HomeMy WebLinkAbout11/20/2018'LORD A BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 20, 2018 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman, District 4 Jason E. Brown, County Administrator Bob Solari, Vice Chairman, District 5 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Joseph E. Flescher, District 2 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Doug Vogt, Pathway Church 3. PLEDGE OF ALLEGIANCE Jason E. Brown, County Administrator 3.A OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS The Honorable David C. Morgan, County Judge, Nineteenth Judicial Circuit Court of Florida 3.B. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 3.C. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 6.A. Regular Meeting of October 2, 2018 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION November 20, 2018 Page 1 of 8 7.A. 2018-2019 Town of Orchid Council Committee Appointments Attachments: Staff Memorandum Committee Appointments Town of Orchid 2018-2019 7.B. Proclamation Honoring Joan M. Kelley on Her Retirement From Indian River County Board of County Commissioners Department of Utility Services Customer Service Division with Ten Years of Service Attachments: Proclamation 7.C. Landfill Closure and Collection Service Changes for the Thanksgiving Holiday Attachments: Staff Report 7.D. Fitch Affirms Indian River County, FL 2009 Water & Sewer Revenue Refunding Bonds Attachments: Staff Report Fitch Press Release 8. CONSENT AGENDA 8.A. Checks and Electronic Payments November 2, 2018 to November 8, 2018 Attachments: Finance Department Staff Report 8.B. Vero Beach PD Homes, LLC Request for Final Plat Approval for a Subdivision to be Known as Orchid Cove [SD -05-07-34 / 2004020120-81754] Attachments: Staff Report Application Location Map Final Plat Layout Contract for Construction of Required Improvements and Letter of Credit 8.C. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant Attachments: Staff Report Resolution Grant Agreement Budget Form November 20, 2018 Page 2 of 8 8.D. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant Attachments: Staff Report Resolution Grant Agreement Budget Form 8.E. Miscellaneous Budget Amendment 001 Attachments: Staff Report 2018 2019 Resolution Exhibit "A" 8.F. Florida Fish and Wildlife Conservation Commission (FWC), Grant Agreement No. 18101, Indian River County Artificial Reef Construction 2018-19 Attachments: Staff Report FWC Grant Agreement FWC-18101 GrantForm FWC-18101- 11-20-18 8.G. Indian River County Library System State Aid to Libraries Grant Attachments: Staff Report State Aid To Libraries Grant Agreement IRC Grant Form 8.H. Annual Resolution re Signatories Attachments: Staff Report Resolution Certificate for Facsimile Signature (2) 8.I. Resolutions Cancelling Taxes on Property Purchased by Indian River County for Public Purpose Attachments: Staff Report Resolution (former Izquierdo property) Resolution (former Coffman property) Resolution (former Van Der Rest property) 8.J. Resolutions Formally Designating Portions of Certain County Owned Property as Right -Of -Way Attachments: Staff Report Resolution re 5816 26th Street Resolution re 5836 26th Street November 20, 2018 Page 3 of 8 8.K. Indian River County Subaward and Grant Agreement for Hurricane Irma Attachments: Staff Report Federally -Funded Subaward and Grant Agreement Addendum to Federally -Funded Subaward and Grant Agreement 8.L. Miscellaneous Budget Amendment 020 Attachments: Staff Report 2017 2018 Resolution Exhibit "A" 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Indian River Land Trust, Inc. Request to Amend the Comprehensive Plan to Re -designate t 11.59 Acres From CA, Commercial/ Industrial to M-1, Medium Density Residential -1 (up to 8 units/acre); and Simultaneous Request by Schwerin Asset Advisors, LLC's to Amend the Comprehensive Plan to Re -designate f 11.44 Acres From M-1, Medium Density Residential -1 (up to 8 units/acre), to CA, Commercial/ Industrial; (LUDA 2006090171-81055) (Legislative) Attachments: Staff Report Summary Pages LUDA and Rezoning Applications Comprehensive Plan Amendment Procedures 10-11-18 PZC DRAFT Meeting Minutes Transmittal Resolution 10.A.2. DiVosta Homes L.P., Request to Amend Land Development Regulation Chapter 934 (Excavation and Mining) to Modify the Time Frame for Exporting Excess Fill From Large Scale Development Projects and Extend the Time Frames for Large Volume Mining Operations (LDRA-18-09-01 / 2018060191-82197) (Legislative) Attachments: Staff Report Proposed Ordinance Application Excerpt from Unapproved 10-11-18 PZC Minutes Additional Backup - Affidavit of Publication B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS November 20, 2018 Page 4 of 8 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Adoption of Updated Development Review Fee Schedules for Planning and Public Works Attachments: Staff Report Fee Comparisons Committee Minutes 06-26-18 meeting Committee Minutes 09-19-18 meeting Unapproved Committee Minutes 10-18-18 meeting Charts Comparing Current Fees to Proposed Fees Charts Providing Project Cost Comparisons Resolution with Proposed Fee Schedules Estimated Annual Revenue Impacts 12.A.2. Consideration of the Gifford Neighborhood Plan Annual Report Card for 2018 Attachments: Staff Report Implementation Matrix -Report Card GNP Action Plan GNP CIP 12.A.3. Request to Review Proposed Impact Fee Update Scope of Services, Authorize Staff to Initiate the Consultant Selection Process for the Impact Fee Update, and Formally Initiate an Impact Fee Ordinance Revision Attachments: Staff Report Portion of 6-13-17 BCC Meeting Minutes Scope of Services for IRC Impact Fee Update Draft Impact Fee Ordinance Amendment B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works November 20, 2018 Page 5 of 8 G. Utilities Services 12.G.1. Request to Sole Source Brand Purchase Two (2) Pumps for Spoonbill Marsh Attachments: Staff Report Barneys Pump Inc Quote Number SQ011194-3 12.G.2. Asset Management Program Services -Phase IA Attachments: Staff Report Exhibit 1A - Asset Management Program Services Exhibit 1 B - Fee Estimate 13. COUNTY ATTORNEY MATTERS 13.A. Approval of License Agreement between Lutgert Vero, LLC and Indian River County for Construction of a Dune Crossover at Tracking Station Park Attachments: Staff Report Aerial photo of properties Minutes from April 4, 2017 BCC Meeting License Agreement with attachments 13.B. Affordable Housing Advisory Committee Appointment Attachments: Staff Memo Application for AHAC - SVittitoe Resume - SVittitoe 13.C. Indian River County Committees - Member Reappointments Attachments: Staff Report 18.11.05 Commitee Members Term Renewal Vacancies List (Term Exp 2019) - Info Only 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 14.A.1. Request from Vero Beach Councilwoman Laura Moss to change the County Tourist Development Ordinance to allow funds to .be used to "finance beach park facilities." Attachments: Commissioner's Memorandum Attachment 1 -Letter from Councilwoman Moss Attachment 2 -Ordinance 87-11 Attachment 3 -Tourist Tax Report Attachment 4-TDC minutes B. Commissioner Bob Solari, Vice Chairman November 20, 2018 Page 6 of 8 C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Tim Zorc 14.E.1. United Against Poverty Request for Support to Apply for Funding from JP Morgan/Chase Attachments: Commissioners Memorandum Draft Letter of Support for UP 15. SPECIAL DISTRICTS AND BOARDS A. Emer2ency Services District B. Solid Waste Disposal District 15.11.1. Change Order to Thalle for Milestone 1 of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion Project (Bid #2018025) Attachments: Staff Report Thalle Letter of Extension CDM Smith Letter of Recommendation and Change Order Form C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircizov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. November 20, 2018 Page 7 of 8 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. November 20, 2018 Page 8 of 8 November 20, 2018 Informational ITEM 7 A INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 13, 2018 SUBJECT: 2018-2019 Town of Orchid Council Committee Appointments FROM: Tina Cournoyer, Commissioner Assistant Attached please find the County Committee Appointments for the Town of Orchid for 2018- 2019. 1 CountyCommittees Appointments - Current Committee Name Schedule Usual Orchid Appointees & Location Alternates Beach & Shore Preservation Advisory 3rd Monday monthly, 3 p.m. Vero Beach 1. Paul Knapp Committee 2. Robert Gibbons Economic Development Council 3rd Tuesday monthly, 3 p.m. Vero Beach 1. Simms Browning 2. Harold Ofstie Treasure Coast Regional League of Cities 31d Wednesday bimonthly, 9 a.m. Ft. Pierce* 1. Robert Gibbons 2. Harold Ofstie Treasure Coast Regional Planning 3rd Friday monthly, 9.30 a.m. Stuart 1. Simms Browning Council Metropolitan Planning Organization*** 2nd Wednesday monthly, 10 a.m. Vero Beach 1. Harold Ofstie 2. Paul Knapp MPO Technical Advisory Committee 4th Friday bimonthly, 10 a.m. Vero Beach 1. Town Manager 2. Town Clerk MPO Bicycle/Pedestrian Advisory As needed Vero Beach 1. Phil Young Committee 2. Town Clerk Affordable Housing Advisory Every three years Vero Beach 1. Town Manager 2. Town Clerk Local Mitigation Strategy As needed; every 6 months or so Vero Beach 1. Town Clerk 2. Town Manager *Committee also hosts learning luncheons and other get-togethers; the time, weekday and location may differ for those types of events. ** If our appointee cannot attend, then a Councilmember from Fellsmere must be called on to attend as Orchid's alternate. *** The Town is a non-voting member of this committee, but is able to weigh in with comments and questions at the dais. If a Councilmember is unavailable, he/she should promptly alert the Town Clerk, so that the alternate can be notified (especially if the alternate is a member from Fellsmere). Although the Town Manager or Town Clerk can attend meetings when the Councilmember and their Alternate are unavailable, these substitutes are not permitted to vote - only appointees and alternates may vote. A member of Town staff may not be the appointee or alternate on the first five committees. Town Administration 2 7707 U.S. Highway 1, Suite 1, Vero Beach, FI 32967 Tel: 772-581-2770 Fax: 772-581-2771 7b PP O CLA1t A TION HONORING JOAN M. KELLEY ON HER RETIREMENT FROM INDIAN RIVER COUNTYBOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITYSERVICES/CUSTOMER SERVICEDIVISION WHEREAS, Joan M. Kelley retires from the Indian River County, Department of Utility Services, Customer Service Division effective November 30, 2018; and WHEREAS, Joan M. Kelley began her career with Indian River County on March 17, 2008, as an Account Clerk, where she continued in that capacity until her retirement, and WHEREAS, Joan M. Kelley has served this County and the Public with distinction and setflessness. During her ten years of service, she was dedicated, and her work was greatly appreciated by the employer, citizens, and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDJAN RIVER COUNTY, FLORIDA, that the Board applauds Joan M. Kelley's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service she has given to Indian River County for the last ten years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 20th day of November, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA PA'i),8' Peter D. O'Bryan, (lhairman INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM 7Q Informational Item Date: November 9, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Susan Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Landfill Closure and Collection Service Changes for the Thanksgiving Holiday In observance of the Thanksgiving Holiday, the Main County Landfill and the five Customer Convenience Centers will be closed on Thursday, November 22, 2018. In addition, there will be no residential curbside services for recycling, garbage or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Solid Waste Disposal District website at ircrecycles.com for more information. resume as normal on Friday, Nov. 23rd. If you have questions regarding your service schedule, please call Republic Services at 562-6620. SWDD Agenda_ Page a 1-- Garbage Unincorporated IRC If you are a Thursday customer, you will be serviced on - - -- - - -' Friday, Nov. 23rd. If you are a Friday customer, you will be City of Fellsmere serviced on Saturday, Nov. 241h. If you have questions regarding your service schedule, TQ.�• rte• please call Waste Management at 569-1776. 133iA�i) City of Sebastian If you are a Thursday customer, your garbage will be� serviced on Monday, Nov. 26 and your yard waste will be serviced the following Thursday, (Nov. 291h). Services will C'1�GiYAtL'L�JIi} resume as normal on Friday Nov. 23rd. If you have questions regarding your service schedule, please call Waste Management at 569-1776. , •�},.,,�� City of Vero Beach If you -area Thursday or Friday customer, your garbage will be serviced on your next scheduled service day. If you have questions regarding your service schedule, please call the City of VB Solid Waste Division at 978-5300. Town of Orchid 1 No change Indian River Shores If you are a Thursday customer, your garbage will be serviced on your next scheduled service day. Services will. , , . . , resume as normal on Friday, Nov. 23rd. If you have questions regarding your service schedule, please call Republic Services at 562-6620. SWDD Agenda_ Page a 1-- 7D INFORMATIONAL ITEM INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: November 13, 2018 SUBJECT: Fitch Ratings Press Release Indian River County's 2009 Series Water & Sewer Revenue Refunding Bonds FROM: Kristin Daniels Director, Management & Budget Attached is a copy of the November 12, 2018 press release from Fitch Ratings, which affirms Indian River County's `AAA' rating for the County's Water and Sewer Revenue Refunding Bonds, Series 2009. This rating reflects the overall financial health of the County Utility. Key rating drivers for Fitch were excellent financial profile, minimal capital needs, low debt, affordable and flexible rate structure and a healthy service area. 5 [ Press Release ] Fitch Affirms Indian River County, FL Water & Sewer Revs at'AAA'; ... Page 1 of 7 Fitch Affirms Indian River County, FL Water & Sewer Revs at'AAA'; Outlook Stable Fitch Ratings -Austin -12 November 2018: Fitch Ratings has affirmed the rating on the following Indian River County, FL (the county) revenue bonds at'AAA': --$13.5 million water and sewer system revenue refunding bonds, series 2009. The Rating Outlook is Stable. SECURITY The bonds are supported by the net revenues of the county's water and sewer system (the system). KEY RATING DRIVERS EXCELLENT FINANCIAL PROFILE: The system has produced over 2.6x debt service coverage (DSC) for the past five years and has maintained excellent liquidity. Audited fiscal 2017 results show 3.Ox Fitch -calculated DSC and over $45 million in unrestricted available cash, equating to approximately 780 days cash on hand. MINIMAL CAPITAL NEEDS, LOW DEBT: The system's capital improvement program (CIP) is limited and primarily addresses renewal and replacement (R&R) projects, septic to sewer conversions, and automatic meter reading implementation. The system is able to fund its CIP via pay -go due to its strong margins and ample cash balances. Debt levels are very low and all debt matures by 2024. AFFORDABLE AND FLEXIBLE RATE STRUCTURE: Rates are affordable at approximately 1.5% of median household income (MHI) as a result of almost twenty years of no rate increases. Management did indicate that future rate increases based on the consumer price index may be needed moving forward. This is not a concern, as affordability is good and rates are below Fitch's rate affordability threshold of 2%. HEALTHY SERVICE AREA: The County is experiencing healthy customer growth, averaging about 2% over the past five years. Housing starts increased over 15% in the last two years as the County continues to recover from the recession. This growth and economic development is expected to continue, and the system has ample capacity and water sources available to service these needs. RATING SENSITIVITIES 6 https://www.fitchratings.com/site/pr/10050946 11/13/2018 [ Press Release ] Fitch Affirms Indian River County, FL Water & Sewer Revs at'AAA'; ... Page 2 of 7 MAINTENANCE OF STRONG FINANCIAL POSITION: Indian River County, Florida water and sewer system's very strong underlying credit fundamentals, which include healthy financial performance, limited and rapidly amortizing debt, and limited capital needs, support the'AAA' rating. A significant decline in one or more of these positive attributes, although unexpected, could affect the rating. CREDIT PROFILE Indian River County (Issuer Default Rating 'AAA') is located on Florida's central Atlantic coast about 86 miles southeast of the city of Orlando. The county covers nearly 500 square miles and has a population of roughly 150,000. The economy is supported by construction, manufacturing, health care, tourism, educational services, retail and distribution. STRONG CURRENT AND FUTURE FINANCIAL PROFILE The system's financial performance has been historically solid, with above 2.Ox DSC consistently since 2009 and 3.Ox Fitch -calculated DSC in fiscal year 2017. The county's conservative management maintains this positive coverage level as well as substantial cash reserves in an effort to guarantee available cash for unforeseen system needs. According to the management provided forecast, Fitch -calculated unaudited coverage for fiscal year 2018 is expected to be 3.8x, and 3.3x and above through fiscal year 2023. Based on historic performance and limited capital and expenditure needs, Fitch expects that positive financial results will continue. Liquidity is extremely strong, with the system ending fiscal year 2017 with more than $45 million in unrestricted cash on hand in addition to roughly $27 million in restricted construction funds. Strong cash balances are expected to continue as capital needs are limited. LOW DEBT, MANAGEABLE CAPITAL NEEDS The system's debt profile is a key credit strength. Debt per customer is very low at approximately $280 in fiscal year 2017, well below average compared with other similarly rated systems. Debt to net plant is also strong at 12% for the same period, and amortization is very fast, with all debt maturing by 2024. The county's five year 2018-2022 CIP of $47 million is expected to be funded entirely via pay - go with some grant support. Major projects include septic to sewer conversions, automated meter reading, and overall improvements to the system. Historic capital spending since 2013 has been low, with capex relative to the rate of annual depreciation averaging only 31 % during that time. While Fitch views this level of capex as somewhat weak and possibly as an indicator of deferred maintenance, the system is relatively new (estimated age of plant is 18 years, slightly above the AAA median of 15 years) and underwent substantial capital investment in 2008 to ensure long-term supply and capacity availability. Positively, the system increased the amount it spent on R&R in fiscal year 2017 and expects to continue this level moving forward. 7 https://www.fitchratings.com/site/Pr/10050946 11/13/2018 [ Press Release ] Fitch Affirms Indian River County, FL Water & Sewer Revs at'AAA'; ... Page 3 of 7 LOW CUSTOMER CHARGES The average residential customer bill of $60 for combined service assuming 7,500 gallons of water use and 6,000 gallons of sewer use is affordable at 1.5% of MHI. Rates should stay competitive as the county has a very manageable capital program that is expected to be funded with cash and grants. The system is in the process of finalizing a rate study that calls for a new rate structure. As part of its conservation initiatives, the recommended structure adjusts the consumptive tiers and, as a result, discourages heavy water usage. This change is expected to increase revenues. In addition, the County is requesting approval from the board for any future incremental increases based on CPI adjustments. The system currently exhibits solid rate affordability, so this should not pose any significant issues. ABUNDANT WATER SUPPLY AND SOUND INFRASTRUCTURE The county's water and sewer system provides services to a mostly residential customer base of approximately 49,000 water and 29,000 sewer accounts as of fiscal year 2017. Water is supplied through various wells from the Floridian Aquifer, with treatment provided by two county -owned treatment facilities. The water treatment plants have a combined 22.5 million gallons per day (mgd) of treatment capacity, which is more than sufficient to meet the system's average daily demand in fiscal year 2017 of 10.2 mgd. Water use is regulated by the St. Johns River Water Management District through a consumptive use permit that expires in 2031. The system can produce over 20.0 mgd of water, and the Utility Department is proactively researching alternative water supplies in order to support future growth needs over the longer term. Wastewater is treated at one of four regional treatment plants, with a combined current treatment capacity of 12.0 mgd. Current maximum daily demand is 6.1 mgd, leaving plenty of treatment capacity to meet future growth. Effluent is treated to 100% re -use standards, and as a result the county does not expect to face significant capital or other regulatory compliance costs related to numeric nutrient mandates for effluent discharged into local surface water. STABLE LOCAL ECONOMY The county's economy continues to see improvement following the economic downturn, categorized by increasing housing starts, sales tax and taxable value. The county's unemployment rate has declined to 4.9% as of August 2018 from 12.7% in 2011, yet remained higher than that of the state and national averages of 3.8% and 3.9%, respectively. The county's MHI is on par with the state and just about 15% below the national average, which is somewhat driven by the larger -than -average retiree population. Contact: Primary Analyst Asim Kapadia Analyst https://www.fitchratings.com/site/pr/10050946 11/13/2018 [ Press Release ] Fitch Affirms Indian River County, FL Water & Sewer Revs at'AAA'; ... Page 4 of 7 +1-512-215-3727 Fitch Ratings, Inc. 111 Congress, Suite 2010 Austin, TX 78701 Secondary Analyst Teri Wenck Director +1-512-215-3742 Committee Chairperson Dennis Pidherny Managing Director +11-212-908-0738 9 https://www.fitchratings.com/site/pr/10050946 11/13/2018 [ Press Release ] Fitch Affirms Indian River County, FL Water & Sewer Revs at'AAA'; ... Page 5 of 7 ON THE AGENCY'S PUBLIC WEB SITE AT WWW.FITCHRATINGS.COM. PUBLISHED RATINGS, CRITERIA, AND METHODOLOGIES ARE AVAILABLE FROM THIS SITE AT ALL TIMES. FITCH'S CODE OF CONDUCT, CONFIDENTIALITY, CONFLICTS OF INTEREST, AFFILIATE FIREWALL, COMPLIANCE, AND OTHER RELEVANT POLICIES AND PROCEDURES ARE ALSO AVAILABLE FROM THE CODE OF CONDUCT SECTION OF THIS SITE. DIRECTORS AND SHAREHOLDERS RELEVANT INTERESTS ARE AVAILABLE AT HTTPS://WWW.FITCHRATINGS.COM/SITE/REGULATORY. FITCH MAY HAVE PROVIDED ANOTHER PERMISSIBLE SERVICE TO THE RATED ENTITY OR ITS RELATED THIRD PARTIES. 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These disclosuresr are updated on a daily basis. 12 https://www.fitchratings.com/site/Pr/10050946 11/13/2018 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court_& Comptroller Finance Department 180127" Street Vero Beach, Ft, 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH. COMPTROLLER DATE: November 8, 2018 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 2, 2018 to November 8; 2018 ♦ A I "a comp , �0 ti "rR COUNt"l In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of November 2, 2018 to November 8, 2018. 13 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 374315 11/08/20.18 PORT CONSOLIDATED INC 1,691.37 374316 11/08/2018 JORDAN MOWER INC 994.24 374317 11/08/2018 SUNCOAST WELDING SUPPLIES INC 136.58 374318 11/08/2018 COMMUNICATIONS INTERNATIONAL 929.00 374319 11/08/2018 COMMUNICATIONS INTERNATIONAL 713.13 374320 11/08/2018 TEN -8 'FIRE EQUIPMENT INC 12,115.98 374321 11/0812018 RANGER CONSTRUCTION IND INC 817.92 374322 11/08/2018 VERO CHEMICAL DISTRIBUTORS INC 331.73 374323 11/08/2018 RICOH USA INC 85.54 374324 11/08/2018 HENRY SCHEIN INC 129.16 374325 11/08/2018 VELDE FORD INC 397.08 374326 11/08/2018 SAFETY PRODUCTS INC 448.71 374327 11/08/2018 E -Z BREW COFFEE & BOTTLE WATER SVC 26.45 374328 11/08/2018 HERITAGE BOOKS INC 1,106.50 374329 11/08/2018 GAYLORD BROTHERS INC 216.04 374330 11/08/2018 CLIFF BERRY INC 653.65 374331 11/08/2018 DEEP SIX DINE SHOP INC 47.98 374332 11/08/2018 BOUND TREE MEDICAL LLC 1,390.04 374333 11/08/2018 VERO INDUSTRIAL SUPPLY INC 256.58 374334 11/08/2018 EXPRESS REEL GRINDING INC 3,500.00 374335 11/08/2018 TIRESOLES OF BROWAR.D INC 859.08 374336 11/08/2018 CALL ONE INC 698.00 374337 11/08/2018 CITY ELECTRIC SUPPLY 426.98 374338 11/08/2018 ARMFIELD bVAGNERAPPRAISALAND RESEARCH INC 1.500.00 374339 11/08/2018 BAKER & TAYLOR INC 12,798.83 374340 11/08/2018 MIDWEST TAPE LLC 449.34 374341 11/08/2018 NORTHERN SAFETY CO INC 493.41 374342 11/08/2018 PRIZE POSSESSIONS 561.49 374343 11/08/2018 MICROMARKETNG LLC 158.36 374344 11/08/2018 K & M ELECTRIC SUPPLY 35.0.1 374345 11/08/2018 BAKER DISTRIBUTING CO LLC 231.00 374346 11/08/2018 CENGAGE LEARNING INC 26.39 374347 11/08/2018 PALM TRUCK CENTERS INC 558.16 374348 11/08/2018 PC WEATHER PRODUCTS INC 1,980.00 374349 11/08/2018 SOFTWARE HARDWARE INTEGRATION 328.00 374350 11/08/2018 PING INC 1,508.50 374351 11/08/2018 CITY OF VERO BEACH 1,251.78 374352 11/08/2018 CITY OF VERO BEACH 75,673.23 374353 11/08/2018 CITY OF VERO.BEACH 297.73 374354 11/08/2018 FERGUSON ENTERPRISES INC 2,011.46 374355 11/08/2018 MATTHEW BENDER & CO INC 82.00 374356 11/08/2018 LIVINGSTON PAGE 80.00 374357 11/0812018 JANITORIAL DEPOT OF AMERICA INC 64.97 374358 11/08/2018 PUBLIX SUPERMARKETS 35.90 374359 11/08/2018 PUBLIX SUPERMARKETS 60.02 374360 11/08/2018 UNIVERSITY OF FLORIDA 649.00 374361 11/08/2018 ROGER CLEVELAND GOLF INC 1,007.28 374362 11/08/2018 FLORIDA WATER & POLLUTION CONTROL 85.00 374363 11/08/2018 TIMMOTHY ROSE CONTRACTING INC 71,381.10 374364 11/08/2018 TRAFFIC PARTS INC 2,223.75 374365 11/08/2018 FLORIDA POWER AND LIGHT 6,690.16 374366 11/08/2018 FLORIDA POWER AND LIGHT 18.528.46 374367 11/08/2018 FLORIDA POWER AND LIGHT 3,463.15 374368 11/08/2018 PHILLIP J MATSON 106.36 374369 11/08/2018 AMERICAN PLANNING ASSOCIATION 1,425.00 374370 11/0812018 STATE ATTORNEY 30,545.38 374371 11/08/2018 STRUNK FUNERAL HOMES & CREMATORY 425.00 374372 11/08/2018 FLORIDA STATE GOLF ASSOCIATION 150.00 14 TRANS NBR DATE VENDOR AMOUNT 374373 11/08/2018 MYLES BROWN 172.00 374374 11/08/2018 HENRY SMI'(H 174.00 374375 1.1/0812018 INTERNATIONA.LASSOCIATION OF 130.00 374376 11/08/2018 EMBASSY SUITES HOTEL 357.00 374377 11/08/2018 ALAN C KAUFFMANN 180.00 374378 11/08/2018 CONSTRUCTION LICENSING OFFICIALS 175.00 374379 11/08/2018 ENVIS'IONWARE'INC 2,757.57 374380 11/08/2018 MARONDA HOMES INC OF FLORIDA 4,204.52 374381 11/08/2018 PUKKA'INC 2,197,00 374382 11/08/2018 RUSSELL PAYNE INC 711.69 374383 11/08/2018 TRANE US INC 1,121,00 374384 11/08/2018 CELICO PARTNERSHIP 38.82 374385 11/08/2018 JOSEP14 W VASQU'EZ 40.00 374386 11/08/2018 FASTENAL COTMPANY 54.01 374387 11/08/2018 OTC DIRECT INC 452.68 374388 11/08/2018 SOUTHERN JANITOR SUPPLY INC 1,208.85 374389 11/08/2018 SWANK MOTION PICTURES INC. 1,497.00 374390 11/08/2018 M13V.ENGINEERING INC 1,175.00 374391 11/08/2018 CENTRAL PUMP & SUPPLY INC 202.39 374392 11/08/2018 E W SIVER & ASSOCIATES INC 2,887.50 374393 11/08/2018 STAPLES CONTRACT & COMMERCIAL INC 586.95 374394 11/08/2018 DAVID SILON 57.00 374395 11/08/2018 SEBASTIAN RIVERAREA CHAMBER OF COMMERCE 602.66 374396 11/08/2018 LARRY STEPHENS 100.00 374397 11/0812018 CAROLE J MADIGAN 329.00 374398 11/08/2018 AMERICAN NVATER WORKS ASSOCIATION 230.00 374399 11/08/2018 D&S ENTERPRISES OF VERO BCH LLC 48.69 374400 11/08/2018 PAI{ MAIL 610.00 374401 11/08/2018 RUSH TRUCK CENTERS OF FLORIDA 1,601.60 374402 11/08/2018 JOHNNY B SMITH 50.00 374403 11/08/2018 DANE MACDONALD 60.00 374404 11/08/2018 CHARLES A WALKER 40.00 374405 11/0812018 FISHER & PHILLIPS LLP 1,669.50 374406 11/08/2018 MADESSIA FLONVERS 50.00 374407 11/08/2018 TREASURE COAST SPRINKLERS INC 290.00 374408 11/08/2018 KWACKS INC 16.309.08 374409 1110812018 T C ENTERPRISE 9,400.00 374410 11/08/2018 NORTH HARRIS COMPUTER CORPORATION 102,603.16 374411 11/08/2018 VERA SMITH 20.00 374412 11/08/2018 GARRETTSMITH 80.00 374413 11/08/2018 THOMI'SONS REMODELING & HOME REPAIR INC 860.00 374414 11/08/2018 OVERDRIVE INC 4,022.36 374415 11/08/2018 SEMS TECHNOLOGIES LLC 8,000.00 374416 11/0812018 NEWSOM OIL COMPANY 589.93 374417 11/08/2018 LOWES HOME CENTERS .INC 3,5.15.27 374418 11/08/2018 MLNICIPAL EMERGENCY SERVICES INC 3,861.36 374419 11/08/2018 ALEX M1KLO 110.00 374420 11/08/2018 0 SPORTSW EAR LLC 450.00 374421 11/08/2018 TREASURE COAST TURF INC 85.00 374422 11/0812018 CARMEN LEWIS 240.00 374423 11/08/2018 STRAIGHT OAK LLC 140.40 374424 11/08/2018 BI'RCHWOOD CASEY:LLC 3,948.00 374425 11/0812018 STEN ART & STEVENSON FDDA LLC 397.00 374426 11/08/2018 DEBORAH CUEVAS 40.00 374427 11/0812018 SUSAN ADAMS 11.00 374428 11/08/2018 REI ENGINEERS INC 7,255.00 374429 11/08/2018 MARKETING SPECIALTIES OF GEORGIA LLC 1,871.86 374430 11/08/2018 BERNARD EGAN & COMPANY 6,198.00 374431 11/08/2018 AMERITAS 27,307.96 374432 11/08/2018 SKEC14ERS USA INC 1,415.75 15 TRANS NBR DATE VENDOR ANTOUNT 374433 11/08/2018 HAWKINS INC 1,210.75 374434 11/08/2018 THE TRANSIT GROUP INC 3,271.16 374435 11/08/2018 SHOWERTOWER.INC 161.45 374436 11/08/2018 ANDERSEN ANDRE CONSULTING ENGINEERS INC 11,242,50 374437 11/08/2018 JOSEPH DIZONNO 110.00 374438 11/08/2018 KENDRA COPE 90.00 374439 11/08/2018 UNIFIRST CORPORATION 1,826.02 374440 11/08/2018 JOHNSON-DAVIS INCORPORATED 179,960.28 374441 11/08/2018 MOTION PICTURE LICENSING CORPORATION 642.03 374442 11/08/2018 SITEONE LANDSCAPE SUPPLY LLC 505.54 374443 11/08/2018 HYDROMAX USA LLC 7,956.02 374444 11/08/2018 BARSA.LOU VENTURES LLC 150.24 374445 11/08/2018 ADVANCE STORES COMPANY INCORPORATED 352.66 374446 11108/2018 EGP DOCUMENT SOLUTIONS LLC 254.70 374447 11/08/2018 NORTH AMERICAN OFFICE SOLUTIONS INC 174.36 374448 11/08/2018 STEVES FROZEN CHILLERS OF FLORIDA SPACE CORS. 804,00 374449 11/08/2018 FREEDOM ROOFERS LLC 18,200.00 374450 11/08/2018 EVERY DREAM HAS A PRICE 2,034.78 374451 11/08/2018 EDWARD ILLIDGE 40.00 374452 11/08/2018 COLTON PARKER 60.00 374453 11/08/2018 BIBLIOTHECALLC 4,440.88 374454 11/08/2018 KELSIES BLINDS 665.00 374455 11/08/2018 PEOPLE READY INC 12,345.32 374456 11/08/2018 EMILY GOUGE 110,00 374457 11/08/2018 LJB EQUIPMENT SALES INC 2,332.00 374458 11/08/2018 COLE AUTO SUPPLY INC 2,464.90 374459 11/08/2018 CANON. FINANCIAL SERVICES INC• 239.38 374460 11/08/20.18 IDSC HOLDINGS LLC 946.69 374461 11/08/2018 BETH NOLAN 65.00 374462 11/08/2018 ALLAN D KELLERMAN 11,250.00 374463 11/08/2018 QUIKRETE HOLDINGS INC 1,795.17 374464 11/08/2018 THOMAS R PILIERO 72.00 374465 11/08/2018 RECYCLING ROCKS LLC 2,400.00 374466 11/08/2018 AQUATIC SYNERGY LLC 40.00 374467 11/0812018 SSE ASSOCIATES INC 738.66 374468 11/08/2018 ENVIRO\nl .ENTAL OPERATING SOLUTION INC 8,065.74 374469 11/08/2018 ERIC SKALA 40.00 374470 11/08/2018 CLASSY CHRIS GRAY PROMOTIONS LLC 500.00 374471 11/08/2018 ANNE SHEPHERD 185.48 374472 11/08/2018 1066 US HWY I LLC 13,697.02 374473 11/08/2018 GOMEZ BROTHERS IRRIGATION LLC 405.00 374474 11/08/2018 STEPHEN STONE 60.00 374475 11/08/2018 JOSEPH LOR1NO 60.00 374476 11/08/2018 DIRECTV GROUP INC 58.48 374477 11/08/2018 VIKING LANDSCAPING LLC 7,500.00 374478 11/08/2018 AMERICAN JANITORIAL INC 3,050.74 374479 11/08/2018 JACK KLEIN ASSOCIATES INC 912.45 374480 11/08/2018 CONCORDANCE 14EALT.HCARE SOLUTIONS LLC 780.85 374481 11/08/2018 RAMONA MURPHY 17.00 374482 11/08/2018 E-BUILDER INC 847,43 374483 1.1/0812018 AMAZON CAPITAL SERVICES INC 1.596.00 374484 11/08/2018 VERONIQUE ORY STURIALF 30.00 374485 11/08/2018 COMPLETE CONSTRUCTION & DESIGN LLC 9,600.00 374486 11/08/2018 SOUNDV.IEW CLEANING SERVICES INC 550.00 374487 11/08/2018 144 DISTRIBUTION 345.76 374488 11/08/2018 CAUTEN LLC 33.28 374489 11/08/2018 NEWSPAPERARCHIVE'INC 5,726.00 374490 11/08/2018 AMERIGAS PROPANE LP 125.45 374491 11/08/2018 AiIMER'IGAS PROPANE LP 157.61 374492 11/08/2018 AMERIGAS PROPANE LP 1,538.54 16 TRANS NBR DATE VENDOR AINIOUNT 374493 11/08/2018 AMERIGAS PROPANE.L.P 1,709.69 374494 11/08/2018 AMERIGAS PROPANE LP 2,030.64 374495 1.1/0872018 WILLIE MOSLEY 72.00 374496 11/0-8/2018 LOUIS AGUDELO 358.00 374497 11/08/2018 JIMMY GRAVES FOUNDATION 200.00 374498 11/08/2018 CLAUD SCOTT 113.07 374499 11/08/2018 KENEL SAINT SOIR 100.00 .374500 11/08/2018 KARL WENDY PAYOUTE 500.00 -374501 11/08/2018 VACA MORADA PARTNERS LP 500.00 374502 11/08/2018 CHARLES FELVUS 200.00 374503 11/08/2018 GRBK GHO HOMES LLC 131,134.69 374504 11/08/2018 ROSE.LANDANIMAL HOSPITAL 200.00 Grand Total: 951,58.1.93 17 4 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1014097 11/02/2018 COLD AIR DISTRIBUTORS WAREHOUSE 337.02 1014098 11/02/2018 INDIAN RIVER BATTERY 507.25 101,4099 11/02/2018 APPLE INDUSTRIAL SUPPLY CO 116.00 1014100 11/02/2018 GALLS LLC 303.90 1014101 11/02/2018 CENTER POINT INC 11,297.88 1014102 11/02/2018 GROVE WELDERS INC 79.55 1014103 11/02/2018 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 3,108.43 1014104 11/02/2018 BENNETT AUTO SUPPLY INC 103.20 1014105 11/02/2018 AUTO PARTNERS LLC 717.22 1014106 11/02/2018 COUNTY MATERIALS CORPORATION 5,158.40 1014107 11/02/2018 EASY PICKER GOLF PRODUCTS INC 4,077.85 1014108 11/02/2018 GUARDIAN ALARM OF FLORIDA LLC 2,821.50 1014109 11/02/2018 EFE INC 2,089.78 1014110 11/02/2018 AT&T 18,554.71 1014111 11/02/2018 OFFICE DEPOT BSD CUSTOMER SVC 1,558.16 1014112 11/02/2018 WASTE MANAGEMENT INC 636.61 1014113 11/02/2018 COMCAST 365.07 1014114 11/06/2018 AT&T 976.94 1014115 11/06/2018 WASTE MANAGEMENT INC 863.69 1014116 11/06/2018 COMCAST 199.92 1014117 11/06/2018 COPYCOINC 149.66 1014118 11/06/2018 NORTH SOUTH SUPPLY INC 110.80 1014119 11/06/2018 RING POWER CORPORATION 1,624.81 1014120 11/06/2018 SOUTHERN COMPUTER WAREHOUSE INC 6,012.26 1014121 11/06/2018 THYSSENKRUPP ELEVATOR 8,472.00 1014122 11/06/2018 HD SUPPLY FACILITIES MAINTENANCE LTD 1,538.68 1014123 11/06/2018 SHRIEV'E CHEMICAL CO 8,126.58 1014124 11/06/2018 .METRO FIRE PROTECTION SERVICES INC 272.45 1014125 11/06/2018 NEXAIR LLC 687.45 1014126 11/08/2018 OFFICE DEPOT BSD CUSTOMER SVC 1,343.31 1014127 11/08/2018 COMCAST 154.84 1014,128 11/08/2018 POLYDYNE INC 2,576.00 1014129 11/08/2018 AIR COMPRESSOR WORKS INC 480.00 1014130 11/08/2018 CUMMINS INC 13,595.20 Grand Total: 99,017.12 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 6325 11/0212018 ST LUCIE BATTERY & TIRE CO 1,000,.00 6326 11/02/2018 CLERK OF CIRCUIT COURT 86,776:25 6327 11/02/2018 CDM SMITH `INC 91,572.55 6328 11/02/2018 INDIAN.RIVER COUNTY SHERIFF 4,076.513.98 '6329 11/.02/2018 I.RC CHAMBER OF COMMERCE 6,023.79 6330 11/02/2018 IRC CHAMBER OF COMMERCE 12,494.23 6331 11/02/2018 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 92,596.64 6332 11/02/2018 F.LRETIR:EMENT SYSTEM 598,325.36 6333 11/02/2018 TOWN OF INDIAN RIVER SHORES 5,942.82 6334 11/02/2018 C E R SIGNATURE CLEANING 5,250.00 6335 i 11/02/2018 C E R SIGNATURE CLEANING 3,680.00 6336 11/02/2018 TOTAL ADMINISTRATIVE SERVICES CORP 12,019.02 6337 11/02/2018 KIMLEY HORN & ASSOC INC 14,870.21 6338 .11/02/2018 KIMLEY HORN & ASSOC INC 1,564.14 6339 11/02/2018 IRC CHAMBER OF COMMERCE 1,818.18 6340 11/02/2018 VEROTOWN LLC 17,430.04 6341 11105/2018 FL SDU 6.516.23 6342 11/05/2018 IRS -PAYROLL TAXES 438,546.91 6343 11/07/2018 VEROTOWN .LLC 6,701.00 6344 11/07/2018 SENIOR RESOURCE ASSOCIATION 50,479.65 6345 11/08/2018 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 32.766.50 6346 11/0812018 1 R C HEALTH INSURANCE - TRUST 633,019.38 6347 11/0812018 MUTUAL OF OMAHA 17,012.32 6348 11/08/2018 HIGHMARK STOP LOSS 18,194.12 Grand Total: 6,231,113.32 19 W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: November 9, 2018 SUBJECT: Vero Beach PD Homes, LLC's Request for Final Plat Approval for a Subdivision to be Known as Orchid Cove [SD- 05-07-34 / 2004020120-81754] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 20, 2018. DESCRIPTION & CONDITIONS: The Orchid Cove subdivision (formerly known as Michael Creek) consists of 57 lots on 26.43 acres and is a conventional subdivision project located on the south side of SR 510 just east of the Indian River Lagoon (see attachment 2). The property is zoned RS -6, Residential Single -Family (up to 6 units/acre), has an L-2, Low -Density Residential -2 (up to 6 units/acre) land use designation, and is being developed at a density of 2.16 units per acre. After the subject final plat application was filed, the project was purchased by the present owner, Vero Beach PD Homes, LLC. At the time of the purchase, the present owner completed all appropriate transfer documents with the county to transfer applicable county project approvals. The new owner has now completed the requirements for final plat approval. On November 10, 2005, the county granted preliminary plat approval for a project then known as the Michael Creek subdivision. The new owner has re -named the project Orchid Cove. After preliminary plat approval, a land development permit was issued for the project and construction of required subdivision improvements commenced but was not completed. The new owner obtained an administrative approval which reduced the number of subdivision lots from 60 to 57 without altering the project roadway layout. At this time, the applicant has completed 85.16% of the required project improvements and has "bonded -out" for the remaining 14.86% of the required subdivision improvements. The applicant has submitted a final plat in conformance with the approved and modified preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for Orchid Cove. The applicant has coordinated with staff and provided the following: 1. A final plat in conformance with the approved preliminary plat, as modified; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 20 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@100EDD37\@BCL@100EDD37.docx 3. A Contract for Construction of remaining required improvements; and 4. A letter of credit in the amount of $469,320.45 to guarantee completion of the remaining required improvements. The Board is now to consider granting final plat approval for Orchid Cove. ANALYSIS: Some, but not all, of the required project improvements have been completed. As provided for under the LDRs applicable to this final plat application, the applicant is proposing to "bond -out" the remaining 14.86% of required project improvements (drainage, landscaping, roadways, and utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the submitted Letter of Credit and Contract for Construction of Required Improvements. The contract for construction and security arrangement, which represent 125% of the estimated cost to construct the remaining required improvements, has been executed by the County Administrator and is attached. All improvements within Orchid Cove will be private, with the exception of certain utilities facilities. Those utilities facilities will be dedicated and guaranteed to Indian River County as required by the Utility Services Department through the final plat process and certificate of completion. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a Certificate of Completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for the Orchid Cove subdivision. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements and Letter of Credit 21 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@100EDD37\@BCL@100EDD37.docx Orchid Cove Subdivision '_:a3 *W!'U ES ii f i F.3.'%&i L/,:;V 'W:l. WM9 0-1 ulookn FoR gUf� SUxirYinrhT:j. - iI'�It 1^ 'REi2 MA RZY 7Lry ' T'TL0.lE:^^� NTA.%`B Ai•J:; P. -AN rrEJ11r-BER: Michael Creek _ -- _ ��- 05 -. 07 - 34 ?.•S�: ��ti�' C ,�,T,y t3v.. (Pi,f3r-.-s iatr*'T; Vero Beach PD Homes, LLC N.luvm 7545 W. University Avenue ADDRESS Gainesville, FL 32607 C;TY, STATE, 23P 352-333-1945 PRONE NUMBER fl1:nchinizPete45(7.aol.com Knight McGuire & Associates, Tnc NtME 80 Royal Pr-lrn P' 'Jinte Suit; 401 ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP 772-569-5505 PROINE INUMBER Civil t cnightmcguire.com T3�.z»i��•• �`DRBSS Peter Trematerra Scott McGuire CON"AC: PERSON CO214TACT PBRSUN i Z.01ECT --RICE-M-4- (.-:,RASP- ?RJ*;T, '.night McGuire & Associates, Inc NAME 80 Royal Palm Pointe Suitq-41._ ADDRESS Vero Beach. FL 32960 MY, STATE, ZIP 772-569-5505 _F PHO -I'M NUA' 00(e) Civilnkniahtmceuire.com E AAAI:, ADDRESS A ROJECI' SUR`%YOR: Tr,I" PRRM Carter Associates, Inc 1708 21st Street ADDRESS Vero Beach, FTS., 32960 MY, STATE, 772-562-4191 PHONE NUMBER(s) frankc cr carterassoc.com .AM ADDRBSS Scott McGuire Frank S. Cuccurese, PSM CONTACT PERSON CONTACT M..30N 1 SOI 2701 Strut, Vero Beach PL 37960 F.VA rs=nity DmiopocaAAP1'iICAnONSWwtkv aWicoWm Fina MdAppliaWaltdw ftWaed,April 2016 1 of 3 22 ;tip V '_:a3 *W!'U ES ii f i F.3.'%&i L/,:;V 'W:l. WM9 0-1 ulookn FoR gUf� SUxirYinrhT:j. - iI'�It 1^ 'REi2 MA RZY 7Lry ' T'TL0.lE:^^� NTA.%`B Ai•J:; P. -AN rrEJ11r-BER: Michael Creek _ -- _ ��- 05 -. 07 - 34 ?.•S�: ��ti�' C ,�,T,y t3v.. (Pi,f3r-.-s iatr*'T; Vero Beach PD Homes, LLC N.luvm 7545 W. University Avenue ADDRESS Gainesville, FL 32607 C;TY, STATE, 23P 352-333-1945 PRONE NUMBER fl1:nchinizPete45(7.aol.com Knight McGuire & Associates, Tnc NtME 80 Royal Pr-lrn P' 'Jinte Suit; 401 ADDRESS Vero Beach, FL 32960 CITY, STATE, ZIP 772-569-5505 PROINE INUMBER Civil t cnightmcguire.com T3�.z»i��•• �`DRBSS Peter Trematerra Scott McGuire CON"AC: PERSON CO214TACT PBRSUN i Z.01ECT --RICE-M-4- (.-:,RASP- ?RJ*;T, '.night McGuire & Associates, Inc NAME 80 Royal Palm Pointe Suitq-41._ ADDRESS Vero Beach. FL 32960 MY, STATE, ZIP 772-569-5505 _F PHO -I'M NUA' 00(e) Civilnkniahtmceuire.com E AAAI:, ADDRESS A ROJECI' SUR`%YOR: Tr,I" PRRM Carter Associates, Inc 1708 21st Street ADDRESS Vero Beach, FTS., 32960 MY, STATE, 772-562-4191 PHONE NUMBER(s) frankc cr carterassoc.com .AM ADDRBSS Scott McGuire Frank S. Cuccurese, PSM CONTACT PERSON CONTACT M..30N 1 SOI 2701 Strut, Vero Beach PL 37960 F.VA rs=nity DmiopocaAAP1'iICAnONSWwtkv aWicoWm Fina MdAppliaWaltdw ftWaed,April 2016 1 of 3 22 Sm PARCTM TAX ID-yG: 31-39-25-00000-,0'u 0-00002.0 1-39-a'-)7-00000- I OCO-00002.0 31-39-27-00000-1000-00002.1 31-39-26-00000-0040-00001.3 C-UNT-:! - 2004020120-52554 LI;1' 12. w Jam': June 19, 2007 Zol.,I G; RS -6, A-1, Con -2 FLUB; L-2 A2Tt "; 26.43*a�c,� TOTAL NUIVE R OF L*T": 57 ti `� �%t,*�sit''u=r 17tR1 M`��'(:�i 1�� .+.:t..1C ♦`.:T��: * 26.43 aC- r 2.16 lots/acre 1 *,: `x 17. Irl*'T/lr" z%ou_d by;.11z?:W l:: thi; `;*M" iP"VotApf'lim-wi " NO ^..x 'yq 1}�/! inn S ,,.' ♦.. =t' �.� r. 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FL' _ • • v .. NUS «TLHIN INE _ EA:0 1.400N- ''• .i 147 73.1' E73N L,621'13' N F: IF 21• W 711:' MICHAEL CREEK CA GOEYN. Yt1.Y -E`xL•nrTbN orCrI ` CO 14.0 N723d'OZ` E ' :i a;` -, ..It ,` RE.•TRICiI LS l� • AaE. M PB TSON TRACT T 30.26 S 71, v 22' f L': -- orjItsWrc 2'22, IRJ. R Wr 5W21'38'E 12A . . 1.17 41.U' N81';s Off 124 . 727 DFM IAALC IN TABLE W-31 LENGTH CNN; M1UL d' TJ Rrl'NC 09CHMIQ \ \ ON: !I.ID ALM' Pq'S'1'S,' • 'F IT 2Y E 5315' 2775 147 73.1' E73N L,621'13' N F: IF 21• W 711:' I ]4TH' DU ,:Sr 3i37i! 0121573' N N• 4r 23• N 11L41' YJO' 1,31 ES x IME WE"A1 M.^.D.EN'NT PLATTED \IKI PL•1 E "DARY uM_' i. LLE DJ15t NID COlif) y NOT APAFZjOF THi6 PLAT WR7NY OH LASI'NC LACOON: ilk rntiEE:AT EA;BIDii "( (���aataaaaaa 30U7. ME. N N FN -.1rEN LUK MICHAEL Ct F3Jc oRAp10C SCALE ---- -•- QB 2787• i9 2114 Ltt4. n °SU6MER ED LANDS' (Call 2921. PC 1C7'. Ors Is S. rT /:4. OUR CLAIMApCCCO (OR.B.IB:T• M J81�tRCO., FLI. UAt._EE 10 ; Lr MIA/ ..Ala P wx .. w FLOOD HAZARD WAMNG 1115 PROPERTY MAY BE SUBJECT \ URNE74 MILE w rrmr L+4 ON To n.000RJ0 DURING A 100 YEAR BASE FLOOD VENT. YOU SF4OULO CONTACT LOCAL BUWVG AND IDNINC OrTICJALS ILAT TAW IN TABLE me 2291 PB 21r•, NEO^ n \ \ CAR'70TI ♦ , ♦ n 27.E oRR 27:1. to m m>_ n UI W. I` N:5'46 4r :L37 CIIle F MIS 14.0 N723d'OZ` E Ll CON1AR14 p 'A', Aw AIB 'C it, 11 v 5 IT OS M` f Ou IIB Pa I;,_ A res NB2. ro :a:: Rca, n i 1,31 ES x IME WE"A1 M.^.D.EN'NT PLATTED \IKI PL•1 E "DARY uM_' i. LLE DJ15t NID COlif) y NOT APAFZjOF THi6 PLAT WR7NY OH LASI'NC LACOON: ilk rntiEE:AT EA;BIDii "( (���aataaaaaa 30U7. ME. N N FN -.1rEN LUK MICHAEL Ct F3Jc oRAp10C SCALE ---- -•- QB 2787• i9 2114 Ltt4. n °SU6MER ED LANDS' (Call 2921. PC 1C7'. Ors Is S. rT /:4. OUR CLAIMApCCCO (OR.B.IB:T• M J81�tRCO., FLI. UAt._EE 10 ; Lr MIA/ ..Ala P wx .. w FLOOD HAZARD WAMNG 1115 PROPERTY MAY BE SUBJECT \ URNE74 MILE w rrmr L+4 ON To n.000RJ0 DURING A 100 YEAR BASE FLOOD VENT. YOU SF4OULO CONTACT LOCAL BUWVG AND IDNINC OrTICJALS ILAT TAW IN TABLE im T RIE 1.^'C f WIN MC. UNE E WITH ORECIEM IM I LEN' OREM! UI W. I` N:5'46 4r Lit 14.0 N723d'OZ` E Ll 437 116. 2S 15'E it, 11 v 5 IT OS M` f La 30.26 S 71, v 22' f L': wf N :•: 23' Ir E IIB 31.15' Nall 29'OrE L22 Wr 5W21'38'E 12A W? N'Y411'PB•f 1.17 41.U' N81';s Off 124 24.•r If -,F 45'15'E 727 7,10' tl N'M'NYE U3 is N :! 33' M' E M 3:- M N 7F 45' A` F U2 1A41' N 0! Ol' 211' E -^'IBR TSE .--^ Lw.. 1 ar INC IAAr. ME 1 IENDDI p',^,110N O -E I Lamm OLXCOON LNC I ILNOIN DPECl1d 1.73 :'11d' Nl'OI';1'C LN :1.9.1' N:01"5.'E US :)85 Y36111.:'E L':•'~ 1371'�N;•'IY 71'[ •i% LII ;:79' N7 -V SFN l:9 -I"'0 x»3, 411'^ 141 i1:'90 11 '.!' OP' WE LW- Y;S1:'31't L;7 S71'or-1.1 L43 i MX' 11, LT If E L52 :-01'4' x W n 4r T IES 2S3B' .: T' W 31' It LC 77 4 6."v Or C L•. Y.1i7 t1 2T P' IA" C L"t 1L67' S'I' 06:1' R Ale OBTAIN THC LATEST 3lro"ATDN REGARDING FLOW CLEYAT.CNS AND RESTRC10H5 1ON DEtEWPMJIT BEFORE MAICNO PLANS FOR INE 175E OF THC PROPERTY. THIS INSTRU,AENT WAT PREPARED BY: FRANK S CUWW-E.'E, P.'.ti O.'TE; DECEMBC': 20. 017 CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND IROFESSIONAL SUR.£YORS AND MAPPERS ME 2114, STREET WRO RFACN, FLORDA MOD TEL.(772) 502-4191 FAM.(772) 3112-71t-1 smeT SEF ` T 28 j-ITACN ENT ORCHID COVE SUBDIVISION BEING A PORTION OF THE NORTHWEST 114 OF SECTION 26 AND NORTHEAST 114 F-15" OF SECTION 27, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA -7§- lI„TCH LINE SEE :HEFT ::.*� _..�T:: r, : ; t • � ��r) .. 4 .:.�!.:'.r :•r M ::'_•: : -: r :&...ti' � f..9n f r s � ar vs�► a Y #•� 1 . � �.. - .�• .i •< '.s '• yA�,�': f:! .J i JXr�m «. ^. f 1.+.�N i. J:1w• to 3- '- We r N 7917!'Is• * •.. •n•_ :d�`11.ti„ \ �1.' \ \ f J\.4� 4 20 r _ ROTA PARTOr 71410 PLAT .� \ 'MANGROVE ISLAND' •. 'p :�'17s,. a+• \ o.RY. 190,P01201 „ K SlAw Y 4:7f \ tMco.,n.s 'L 69S_"ST NA \'' \ 10' ',:IDE 70111Tr C01, {R'. •TION LA]ENEM'' �\ (Ons no-, PC 2110, II7O0. FL) SET ALUM" DRKI :.TALIPEO 'PCP l6 205^ 014 1 ALUWINUM ZAKALL CAP pN 0001'07' E .•.S8' OFFSET FLOOD WAD WARMNTHIS PROKRTV MAT PE 'UBJECT T� M FLOODIND DURING A I]BAR O OF TRUE CORNER .IR BASE FLOOD VENT. YOU MOULD CONTACT LOCAL BUAO92G AND 20NNG OFROALS AND 08TAIN TRE LATET'FORMATIO2 RSO'RO'O FLOOD ELE`.ATOM AND RE:TRICTIONS ON DE•ELOPNENT O BETOR.'. MAKING PUN: FOR THE USE OF TWE PROPERTY. DETAIL V DRAIKW �EAOE165NT LVE TABLE ME t; YE L7F 'I.^.i OX tABIE _ L'S[ 7 {DIGM 11:8i16A1 t0R / LEXGm DRCPW2 lit I w. -.TN 0"=4 i LINT I Lwm I ';CFM 1103 )i,10 S :•' 3F' • f Iz3 a7.+T 3 IT!L!5' f 1.71 N A' S 77 1TfT�t i Lw 9 y.' n 55* W 11 I LIB- 2037 Is 50 539 I. E LILA22'. -27-2v K' f L: • o e S :S' OT : o - J Lrl IA00' 7 OT AP' 1f' Y LIF L:) 11I sw I L"- Lsz PLIC n 27 W 157 v LOS A4 7 3:.'PI'ixf 1'D :Y-. S.-YT!0'B1.9: 26w NzY 1r IrY U17 31.0 ,]' 01' Yl E 0) 92V N "5' 5.'45* E i TSA 4GSS' S P; 0! 15' L IFS •: Y Fe' 4: f let 0:: s 3' !T 15' E ; IS', 21.77' S 7T 2E ID' f NIDE ia^:F M.T I LIN" PATNA DELTA CWD KARIC O 10' /ADC TOURF CJNFET,-Tm"A GSENENT '7 ' 2287. -G 2710, TEED. R.) '• N`� CI.ST' 3700 mfi5w Ne1-w ze•Y FSH' ::07 0102 SRH' 5t V `i :2.1d CtD3 �1 . ED' Zr-ND CONSEF••nON WENT \ 'Poop0��(°• 836 9 �� Fl. Ogle 22DT, PC 7187. C•::a FL. N 7176'4J' J 77.(7 \ /�. :261' 2:: 00 OOY4276' $ 8711' 27 7 22:0 TIC^ PL<T BOUNL'Jrt UI•^ CElOft". TRE E:' S,'C'- CON POMS, '. U' +W9'. 'DECEMBER W,' PRf.P..ACD Rf; fR:,NK :', CUCCIIRCSE. P.SA1. NEA4 NIGH WATER UNE OF THE INO'N m.E,. v..000N \ \ !:'.:T 'HONE :. OIcl-TI) PER OFFO A; COf`)EO IN N :'FDI'ro' N $LI i` / nlM MID (MIM OOM:LWADml EkikuT T'NGINEAND PROFESSIONAL '_UR'.'EYER C07OMAD EERS OIS AND MAPPS IMe2164 STRICT lf,.i 1121• FJ t,A7. 01.8 <J:•:, Pi 464 TAIL n'. PG 2110 IV. FL WRO eEAOK PLmwA J2960 Po:RLI: WOW-. uF IN:AN R` ill C=NN. ROMA M-(7:2) Set -4191 F. X('7) !s2-7100 SNEI'T 6 OF 7 4 20 r _ ROTA PARTOr 71410 PLAT .� \ 'MANGROVE ISLAND' •. 'p :�'17s,. a+• \ o.RY. 190,P01201 „ K SlAw Y 4:7f \ tMco.,n.s 'L 69S_"ST NA \'' \ 10' ',:IDE 70111Tr C01, {R'. •TION LA]ENEM'' �\ (Ons no-, PC 2110, II7O0. FL) SET ALUM" DRKI :.TALIPEO 'PCP l6 205^ 014 1 ALUWINUM ZAKALL CAP pN 0001'07' E .•.S8' OFFSET FLOOD WAD WARMNTHIS PROKRTV MAT PE 'UBJECT T� M FLOODIND DURING A I]BAR O OF TRUE CORNER .IR BASE FLOOD VENT. YOU MOULD CONTACT LOCAL BUAO92G AND 20NNG OFROALS AND 08TAIN TRE LATET'FORMATIO2 RSO'RO'O FLOOD ELE`.ATOM AND RE:TRICTIONS ON DE•ELOPNENT O BETOR.'. MAKING PUN: FOR THE USE OF TWE PROPERTY. DETAIL V DRAIKW �EAOE165NT LVE TABLE ME t; YE L7F 'I.^.i OX tABIE _ L'S[ 7 {DIGM 11:8i16A1 t0R / LEXGm DRCPW2 lit I w. -.TN 0"=4 i LINT I Lwm I ';CFM 1103 )i,10 S :•' 3F' • f Iz3 a7.+T 3 IT!L!5' f 1.71 N A' S 77 1TfT�t i Lw 9 y.' n 55* W 11 I LIB- 2037 Is 50 539 I. E LILA22'. -27-2v K' f L: • o e S :S' OT : o - J Lrl IA00' 7 OT AP' 1f' Y LIF L:) 11I sw I L"- Lsz PLIC n 27 W 157 v LOS A4 7 3:.'PI'ixf 1'D :Y-. S.-YT!0'B1.9: 26w NzY 1r IrY U17 31.0 ,]' 01' Yl E 0) 92V N "5' 5.'45* E i TSA 4GSS' S P; 0! 15' L IFS •: Y Fe' 4: f let 0:: s 3' !T 15' E ; IS', 21.77' S 7T 2E ID' f NIDE ia^:F M.T I LIN" PATNA DELTA CWD KARIC O TAN Czl CI.ST' 3700 mfi5w Ne1-w ze•Y FSH' ::07 0102 SRH' 5t V 06057D7 5 50 7121? E M4/' :2.1d CtD3 457 teG00+ 01313W S 27: 4 H' E At" 20.x• CIL* Vi;' MW 0213900 S IT 2- Tr E F•JW x-' CNL :261' 2:: 00 OOY4276' $ 8711' 27 7 22:0 lLm' t•+z ;SIS ! w E6' 0)' E ls: x556 N e5' 2O es' S 12-- SCAM S L:' 26 N0 C 170 31.86 5 W 31' PA' E let :.I,O' N •"I .`•: 10' q 197 It %F A' Of C0 E L71 2R!: S 2S .l OB' E LM 22: :..4 If tl' Y t -II 30.); 5 .i O' C0 [ 11.1 SS' 5W!Yt4'E UH 14.'1' AKOf AYY L°) r E' :3 .1070'4O'C L74 15'6 S !O ":' 1A' F LT IS.iI' N 74"Y 3r .1 l LNI 5'.4•' t 9 ar 26 WE 175 WIT N .1r.15 5r .I 03 12.1:4 mm TO' l7At 25' co Y !LC! JL- Mz N !Sar A• E L 1727 `_ is. OE`.UE C w= � \\TMCI V $ L SGP` p.?p ti 2 M 431'' DRAUTAGE EL•'1!ENTY Ora 2:91, PO ^_IDS Ycc 49 Lq S0 L R 2.a -15 M• c!". Csui i 22 Sr3ru a, t 21 `• z .-S' OE vA L i Ea51[N6NTDEC 1(r.; L\jS,�IA ORD 7:D1. Ca' I.. .T?•' -Ts.. fE OEf t '' x 'I' TMS PUT ROUNDA ' IME FALL' WM' THE OnSi'C tA00ClC SOUM MEAN HARI KOH' LK LNCHAEL CREEK LACOLN fDTe 2621. PO 1797. ORB JOeD, PC 444 IPV.. FQ L s F•• COWE RYATiDfI' TRACT C, +;• TRICa 2N M C NIRICII S N PARCNT, CO.N:,ERV21 r PARLCI.WO CMD 1652. fi .,22, N•f3). FL F� \ NOTPLATTED \ NOT A PARTOF THIS PLAT \ \ "SUBMERGED LANDS' 'A \ OYR CLAN DEED \82.11.7. tW, Pa at,uco„q3 LEGEND \ '3 \ M+:XP'1E71flItEM \ �\ 'YB 2M. 12T, F0 Zk .ECO• R OIIANACE [AAYEXT GRAPHIC SCALE DO 22•.1. PC <_3L ROM, R or: CmfNA+N1S S,'C'- CON POMS, '. U' +W9'. 'DECEMBER W,' PRf.P..ACD Rf; fR:,NK :', CUCCIIRCSE. P.SA1. Ou 185Z%7Kt1 OEO 1652 PO 7:_^.. P i. R WO DnTL• CC:•[MBEN :0. :017 tPumm Or 1Hf UMML W. JWIDII CARTER ASSOCIATES. INC. nlM MID (MIM OOM:LWADml EkikuT T'NGINEAND PROFESSIONAL '_UR'.'EYER C07OMAD EERS OIS AND MAPPS IMe2164 STRICT TAIL n'. PG 2110 IV. FL WRO eEAOK PLmwA J2960 M-(7:2) Set -4191 F. X('7) !s2-7100 SNEI'T 6 OF 7 29 HACHMENT FWC Agreement No. 18101 E. Employment Eligibility Verification. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat a failure to comply as a material breach of the Agreement. 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Agreement believes is excusable under this paragraph, Grantee shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Grantee first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Grantee of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Grantee shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate. the Agreement in whole or in part. 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Grantee's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in the Scope of Work, Attachment A. 36. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail; 126 GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Page 19 of 20 FWC Agreement No. 18101 this Agreement and its attachments, the terms of the solicitation and the Grantee's response to the solicitation. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY FLORIDA FISH AND WILDLIFE BOARD OF COUNTY COMMISSIONERS CONSERVATION COMMISSION SIGNATURE Name: Title: Date: Attachments in this Agreement include the following: SIGNATURE Name: Title: Date: Approved as to form and legality by FWC Attorney: Attachment A Scope of Work Attachment B Requirements of the Federal and Florida Single Audit Acts Attachment C Federal Aid Compliance Requirements Attachment D Cost Reimbursement Contract Payment Requirements Attachment I E Certification Regarding Debarment/Suspension for Subcontracts Attachment F Certification of Completion 127 GRANT - GOVERNMENTAL ENTITY Ver. January, 2018 Page 20 of 20 Attachment A — SCOPE OF WORK Project Name: Indian River County FWC Agreement No. 18101 Artificial Reef Construction 2018-19 1. DESCRIPTION OF GOODS / SERVICES PROCURED, OR PROJECT WORKPLAN A. DESCRIPTION OF GOODS / SERVICES The objective of this activity is to construct a marine artificial reef by deploying at least 500 tons of concrete culverts, clean concrete riprap, concrete road barriers, limestone boulders or other suitable concrete construction materials, as well as at least 10 reef modules at least eight feet tall in two patch reefs within the Orchid Island Artificial Reef Complex permitted area located in the Atlantic Ocean 5 nm bearing 110° from Sebastian Inlet. Each patch reef will consist of the aforementioned artificial reef materials placed into two designated locations within the boundaries of the permitted area (SAJ-2016-02916) at a depth of 50-56 ft. The artificial reef construction activity to be funded consists of the following elements: Artificial reef materials must consist of a total of at least 500 tons of clean secondary - use concrete material, and at least 10 pre -fabricated concrete reef modules deemed acceptable to the COMMISSION. All artificial reef materials shall be clean and free from excess dirt, asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. All 10 reef modules must be at least 8 feet tall with a base diameter of at least 10 feet and weigh at least 2 tons. 2. Individual secondary -use artificial reef materials shall weigh a minimum of 500 lbs. and measure a minimum three feet in diameter. The GRANTEE shall evaluate the structural integrity of each concrete unit proposed for use, and shall eliminate from artificial reef material consideration all fragile material that would be prone to break apart into pieces less than 500 pounds in weight during the handling and transport process. Reef material with extensive exposed rebar will either be eliminated from consideration or the rebar will be cut back by the selected contractor as close to the concrete surface as possible, within six inches or less of the units' concrete surface prior to transport. 3. Pre -fabricated modules must be composed of marine grade concrete with a minimum strength of 4,000 pounds per square inch (psi). Pre -fabricated modules shall consist of concrete with no exposed metal framework. Pre -fabricated modules will be designed with multiple openings of various sizes all the way through the outer surface to allow for water circulation and access by fish. 4. Open -bottom pre -fabricated reef modules may not be used unless the module has a top opening sufficiently large to allow for turtle escapement. Approved open -bottom modules include: a. Three -sided modules where each side of the top opening is at least 36 -in in length along its edge. b. Four or'more sided modules where each side of the top opening is at least 40 -in in length along its edge. c. Modules with a round opening with a diameter of at least 40 -in (oval openings are not allowed unless a 40 -in diameter circle space can fit within the oval). Version 1.0 — June 2013 Attachment A, Page 1b2SZ Attachment A — SCOPE OF WORK Project Name: Indian River County WC Agreement No. 18101 Artificial Reef Construction 2018-19 d. Modules that are approved by the COMMISSION as being turtle friendly. 5. No open -bottom modules are allowed that include additional modules, discs, or other materials stacked, placed on or immediately adjacent to the top opening, as they may prevent turtles from easily escaping. All artificial reef materials shall be clean and free from dirt, asphalt, creosote, petroleum, or other hydrocarbons and toxic residues, loose free floating material or other deleterious substances. 7. The GRANTEE shall evaluate the structural integrity of each pre -fabricated module proposed for use, and shall eliminate from artificial reef material consideration all badly damaged modules that would be prone to break apart during the transport and/or deployment process. 8. The GRANTEE upon request agrees to provide to the COMMISSION's Contract Manager an updated inventory report that accurately describes the staging area materials recommended for artificial reef utilization. The inventory report will include a brief narrative of the material stockpile, pictures, and estimated weight of individual reef material. 9. Prefabricated units must be capable of being deployed in an upright position on the seafloor. Any lifting lines or straps used during deployment must be temporary and removed by the GRANTEE prior to reimbursement. 10. Reimbursement for loading, transporting and deploying the materials will be based on cost per unit basis. Materials that are placed within the boundaries of the permitted area, completely intact and in an upright position will be reimbursed at the full unit cost. Materials that are damaged during loading, transport or deployment operations will be reimbursed based on the liquidated damage schedule (if applicable) listed in the bid specifications provided by the GRANTEE and approved by the COMMISSION. 11. For each barge load of artificial reef materials, the GRANTEE shall inventory all of the artificial reef materials, calculate the tonnage (either using before and after barge draft calculations, trucking receipts, or the known weights of individual concrete structures), and take a representative photograph of the artificial reef material on the barge or other deployment vessel immediately prior to deployment. 12. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials before, during, and, after the deployment. LOADING AND TRANSPORTATION 13. Artificial reef materials will be loaded using a suitable means of conveyance for transportation to, a staging area site and loading onto a barge or other suitable vessel for offshore transportation to the designated artificial reef site. Offshore transportation shall be provided by a sufficiently powered transport or towing vessel, and shall Version 1.0 — June 2013 Attachment A, Page 2 ft!1 Attachment A — SCOPE OF WORK Project Name: Indian River County FWC Agreement No. 18101 De th ft Artificial Reef Construction 2018-19 Concrete (500 tons) 270 49.962' N include the necessary personnel and equipment to safely transport and deploy the reef material. Reef material loaded on to the transporting vessel must be properly secured in compliance with Coast Guard standards to allow for its safe transport to the reef construction site. 14. The GRANTEE's Project Manager shall complete the FWC Artificial Reef Cargo Manifest form to be maintained onboard the vessel at all times during transport of materials, pursuant to Chapter 379.249, F.S. The form is available on the COMMISSION's website: http://www.myfwc.com/artificialreefs. DEPLOYMENT AND MATERIALS PLACEMENT 15. During the deployment of the artificial reef material, the transport vessel must be held securely in place with minimal movement (<50 feet) to ensure accurate placement of the concrete material in the two artificial patch reefs on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual concrete structures should not be widely scattered. 16. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off- loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated GRANTEE observer on site. 17. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NOAA weather office. Either the COMMISSION's observer, the GRANTEE's observer or the subcontractor's vessel captain reserves the right to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. 18. At least 500 tons of secondary -use artificial reef materials under this Agreement will deployed into one patch reef, and at least 10 pre -fabricated reef modules under this Agreement will be strategically clustered approximately 50 feet apart to create a separate patch reef. Each patch reef must be within the permitted area as specified in the deployment plan and listed in Table 1 below at the following coordinates: TABLE 1 Patch Reef # Material Latitude Longitude De th ft 1 Concrete (500 tons) 270 49.962' N 80° 21.207' W 50-60 2 10 Reef Modules 270 50.052' N 800 21.286'W 50-60 19. The GRANTEE shall provide a bottom survey for COMMISSION review and approval at least 14 days prior to deployment. The bottom survey must be a visual site survey completed by certified SCUBA divers. The entire extent of the proposed area Version 1.0 —June 2013 Attachment A, Page 3 UO2 Attachment A – SCOPE OF WORK Project Name: Indian River County —T FWC Agreement No. 18101 Artificial Reef Construction 2018-19 the modules and the limestone boulder pile.will be placed must be surveyed during the dive(s). The GRANTEE will submit a narrative of the survey methods, results and photo documentation of the bottom. 20. The minimum vertical clearance of 40 feet shall be maintained above the highest point of the reef material in the Orchid Island Artificial Reef Complex permitted site (in accordance with the special conditions of the US Army Corps of Engineers permit number SAJ-2016-02916 (SP -AWP). 21. The GRANTEE's Contract Manager or GRANTEE's designated official observer shall oversee the temporary marking of the reef deployment location in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the artificial reef materials. The markers shall be buoys of sufficient size and color to be clearly visible to the tug captain, and sufficiently anchored and with sufficient scope so that they will not drift off the designated deployment site prior to deployment. The COMMISSION will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shift position with time are important to ensure the reef is constructed within the permitted area. 22. The GRANTEE's Project Manager or GRANTEE's designated official observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. 23. Both the GRANTEE and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the corner coordinates of the reef site will also be in possession of the GRANTEE's observer and the subcontractor when on site. The GRANTEE's observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The GRANTEE shall be responsible for ensuring that all permit condition terms are complied with. 24. Both the GRANTEE and its subcontractor shall be prepared to remove any floating debris that might occur during deployment. Having boat hooks, dip nets, and other equipment on board to enable efficient collection of unanticipated floating debris is strongly encouraged. The GRANTEE shall be responsible for ensuring that any floating debris discovered during deployment operations (e.g., wood, floating line, aluminum cans, plastic bottles, or other floating materials) shall be collected and transported back to land for proper disposal. ALLOWABLE EXPENDITURES ASSOCIATED WITH THE REEF PROJECT 25. Funds from this Agreement may be expended on the activities listed pursuant to Chapter 68E -9.004(1)(a), F.A.C. No more than $5,000 or 10% (whichever is less) of project funds granted under the program may be expended for `engineering services'. Any funds required in excess of this amount must be provided by the applicant. See Chapter 68E -9.004(1)(a), F.A.C. for the definition of `engineering services' and Version 1.0 – June 2013 Attachment A, Page 4 f $12 4. Attachment A — SCOPE OF WORK Project Name: Indian River County FWC Agreement No. 18101 Artificial Reef Construction 2018-19 complete list of eligible materials and activities. 26. If the GRANTEE chooses to conduct a pre -deployment and/or post -deployment SCUBA assessment at the deployment location(s) (post deployment assessment is not required, but is an eligible activity for reimbursement under Chapter 68E -9.004(1)(a), F.A.C.), in order to be eligible for reimbursement, work must be completed within the current grant period and the following items, at a minimum, must be included: a. Methods: name and type of vessel, anchored or live boated, type of GPS unit(s), divers, survey methods; b. Conditions: cloud cover, wind speed and direction, sea conditions, visibility, water temperature, currents; c. Chronology: dive plan, start and end of each dive, dive profile, maximum depth, dive time, distance and bearing searched; d. Coordinates: Describe the GPS unit(s) used to navigate to the site (model number). Describe whether differential or WAAS coordinates were recorded. Compare the dive locations to deployment location numbers. How well do they match the published numbers? e. Physical observations: Describe the number and size of material observed. What is the proximity of concrete pieces or modules to each other? What percent material was damaged or partially damaged? What is the maximum and minimum relief of the site? How do these observations compare to the Material Placement Report Form information submittal? f. Footprint area: Measure the approximate total area covered by each patch reef through standard in situ survey practices. g. Biological observations: Describe any fish .observed, or other general biological observations. h. Video and photographs: Provide representative still and/or video footage of each deployment location (digital format preferred when available). LIABILITY AND RESPONSIBILM FOR REEF MATERIALS 27. Upon initiation of the handling and movement of these artificial reef materials by the GRANTEE's subcontractor, all. liability, risk of loss and responsibility for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcontractor. This liability, assumption of risk and responsibility shall remain with the subcontractor until the materials are deployed at the permitted reef site in accordance with the specifications in this Agreement. B. BACKGROUND Chapter 379.249 F.S. creates the Florida Artificial Reef Program to enhance saltwater opportunities and to promote proper management of fisheries resources associated with artificial reefs for the public interest. Under the program, the COMMISSION may provide grants and financial and technical assistance to coastal local governments, state universities, and nonprofit corporations qualified under s. 501(c)(3) of the Internal Revenue Code for the siting and development of artificial reefs as well as for monitoring and evaluating such reefs and their recreational, economic, and biological effectiveness. Chapter 68E-9 F.A.0 defines the procedures for submitting an application for financial assistance and criteria for allocating Version 1.0 — June 2013 . Attachment A, Page 5 1)812 Attachment A — SCOPE OF WORK Project Name: Indian River County FWC Agreement No. 18101 Artificial Reef Construction 2018-19 available funds. The purpose of this rule is to govern the development of state and federally funded artificial reefs, the review and ranking of project applications eligible for funding, and the administration of funds from the Florida Artificial Reef Program. This artificial reef construction project was selected for funding by the COMMISSION based upon ranking of competitive applications submitted to the Artificial Reef Program pursuant to the criteria for allocating funds described in Chapter 68E-9, F.A.C. C. SUPPORT OF COMMISSION MISSION Construction of this artificial reef will augment marine hard bottom habitat with well-planned stable and durable artificial reefs for purposes of providing near shore reef fish habitat, offshore recreational fishing and diving opportunities, reduced pressure on natural reef and hard bottom sites, and reduced user conflicts by providing additional recreational fishing and diving site locations off of Florida's coastal waters. The proposed artificial reefs will make fisheries resources available for the long term benefit of local Florida residents and visitors. D. DEFINITIONS The terms and abbreviations used herein shall have the meanings as defined below. i. "Artificial reef' means one or more manufactured or natural objects intentionally placed on the bottom in predominantly marine waters to provide conditions believed to be favorable in sustaining, or enhancing the spawning, breeding, feeding, or growth to maturity of Florida's managed reef associated fish species as well as to increase the productivity of other reef community resources which support fisheries. Included in this definition are artificial reefs developed with one or more of the following additional objectives: enhancement of fishing and diving opportunities, fisheries research, and fisheries conservation/preservation purposes. ii. "Permitted area" means an area with discrete boundaries inside of which one or more artificial reefs may be located and for which all required permits and authorizations have been obtained. These permits and authorizations include: artificial reef permits issued by the Florida Department of Environmental Protection and/or the Army Corps of Engineers and other permits, licenses, or authorizations required by any governing body. iii. "Staging area" means a land-based holding area for artificial reef material where such material is stored and prepared for transportation to an approved artificial reef site. 2. DELIVERABLES A. Deliverable #1 (Artificial Reef Construction) Construction of a marine artificial reef by deploying at least at least 500 tons of approved concrete material and 10 reef modules in two patch reefs within the Orchid Island Artificial Reef Complex permitted area. Version 1.0 — June 2013 Attachment A, Page 6pAV Attachment A – SCOPE OF WORK Project Name: Indian River County —T FWC Agreement No. 18101 Artificial Reef Construction 2018-19 i. Minimum Level of Performance The artificial reef must be deployed within the boundaries of the permitted area and in compliance with all the applicable permits and authorizations associated with the permitted area. At a minimum, a total of at least 500 tons of clean concrete artificial reef material and at least 10 reef modules must be deployed in accordance with the specifications in this Agreement. ii. Documentation / Criteria Used as Evidence of Performance 1. A Materials Placement Report shall be submitted to the CONMISSION's Project Manager within 30 days of field operations completion. The Materials Placement Report form is available on the COMMISSION's website at http://www.myfwc.com/artificialreefs. The Materials Placement Report must have a certification signature and reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements. If accurate individual weights of concrete units cannot be obtained .or are not known, barge displacement measurements are required. The GRANTEE's Project Manager or GRANTEE's designee shall then record the waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4) corners to calculate the average displacement of water due to the weight of the artificial reef materials. The same barge measurements must be taken by either the GRANTEE's Project Manager or GRANTEE's designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge is offshore at the deployment site. The barge measurements are to be included in the Materials Placement Report. 2. A table providing coordinates for each deployed module is required and is to be attached to the Material Placement Report. Coordinates can be recorded by the contracted vendor during deployment or by the GRANTEE during post - deployment monitoring. A final written field assessment providing the designated observer's narrative, for each day of the reef deployment operations, is required prior to reimbursement. The field report shall include a written chronology and narrative describing the deployment, and a performance evaluation of the marine subcontractors who performed the work. The final field assessment should include photos of the material and loaded barge prior to each deployment and, if available, underwater photographs and video footage (surface and/or underwater). iii. Timeline for Completion Version 1.0 – June 2013 Attachment A, Page 7 1)442 Attachment A — SCOPE OF WORK Project Name: Indian River County _T FWC Agreement No. 18101 Artificial Reef Construction 2018-19 All artificial reef construction must be completed by August 1, 2019. A one-time short term time extension of up to thirty (30) days (through the Agreement end date of August 31, 2019) may be authorized in writing by the COMMISSION's Contract Manager under the following conditions: a) documented hazardous weather and sea conditions do not allow for the safe deployment of reef materials offshore or, b) unanticipated documented equipment malfunction on the transport vessel or accompanying tug or at the shore -side loading area results in an unexpected short term delay. The COMMISSION reserves the right to deny any time extension request if sufficient progress has not been accomplished. Advance planning that avoids dependence on a favorable weather window during the final days of the project is strongly encouraged. All request for bid packages from the GRANTEE to subcontractors must include language that specifies a completion date that ensures all materials will be in the water by August 1, 2019. Subcontracts with completion dates even earlier than August 1, 2019 to provide an additional buffer are strongly encouraged. 3. FINANCIAL CONSEQUENCES A. If the GRANTEE fails to complete construction within the time frame specified by the Scope of Work, the budget amount allocated for that deliverable will be deducted from the Grantee's payment. B. The GRANTEE will not be eligible for reimbursement until all reports have been provided to the satisfaction of the COMMISSION documenting that all work has been completed in accordance with the Scope of Work, and in compliance with all permit conditions. 4. PERFORMANCE A. Written or electronically transmitted progress reports must be sent to the COMMISSION's Contract Manager at no less than 60 day intervals beginning from the date of execution of this agreement. B. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice and continuous notification as each deployment date approaches for any artificial reef construction that occurs as a result of this Agreement. C. The GRANTEE agrees to follow all provisions of Section 379.249, F.S. and Chapter 68E-9, F.A.C. during the term of this Agreement. D. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specified in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental Protection. The GRANTEE further agrees to include this as a separate provision in all subcontracts issued as a result of this Agreement. E. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building material, or any other physical remains that could be Version 1.0 — June 2013 Attachment A, Page 8 p8g2 Attachment A — SCOPE OF WORK Project Name: Indian River County FWC Agreement No. 18101 Artificial Reef Construction 2018-19 associated with Native American, early European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of the discovery. The applicant shall contact the Florida Department of State, Division of Historical Resources, Compliance Review Section at (850)245-6333. Project activities shall not resume without verbal and/or written authorization. In the event that unmarked human remains are encountered during the permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Section 872.05, F.S. F. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. G. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 5. COMPENSATION AND PAYMENT A. COST REIMBURSEMENT The GRANTEE shall be compensated for a maximum of $55,250.00 on a cost reimbursement basis in accordance with the Cost Reimbursement Contract Payment Requirements as shown in the Department of Financial Services, "Reference Guide for State Expenditures" publication. The cost reimbursement requirements section of the Reference Guide is attached hereto and made a part hereof as Attachment D. The GRANTEE shall provide a minimum matching contribution as specified in Attachment B, Exhibit 1 and item 14(c) Federal Funds. B. INVOICE SCHEDULE A single final invoice may be submitted after completion of the deliverable and must be received by the COMMISSION no later than October 15, 2019 to assure availability of funds for payment. A timely reimbursement request following completion of actual field operations is strongly encouraged. C. TRAVEL EXPENSES No travel expenses are authorized under the terms of this Agreement. D. FORMS AND DOCUMENTATION 1. The GRANTEE shall submit a completed Materials Placement Report form along with the invoice and request for payment. The Materials Placement Report form is available on the COMMISSION's website at:-http://www.myfwc.com/artificialreefs. 6. MONITORING SCHEDULE A. The GRANTEE agrees to allow the COMMISSION to conduct on-site inspections of the artificial reef materials, staging area and construction site before, during, and after the deployment. Version 1.0 —June 2013 Attachment A, Page 9 PAW Attachment A – SCOPE OF WORK Project Name: Indian River County —T FWC Agreement No. 18101 Artificial Reef Construction 2018-19 B. No additional monitoring activities have been identified at this time; however, additional tasks may be identified during the pendency of this agreement. 7. INTELLECTUAL PROPERTY RIGHTS See Agreement for applicable terms and conditions related to the intellectual property rights. 8. SUBCONTRACTS See Agreement for applicable terms and conditions related to subcontracts. 9. INSURANCE See Agreement for applicable terms and conditions related to insurance. 10. SECURITY AND CONFIDENTIALITY See Agreement for applicable terms and conditions related to security and confidentiality. 11. RECORD KEEPING REQUIREMENTS See Agreement for applicable terms and conditions related to record keeping requirements. 12. NON -EXPENDABLE PROPERTY The GRANTEE is not authorized to use funds provided herein for the purchase of any non -expendable equipment or personal property valued at $1,000 or more for performance under this Agreement. 13. PURCHASE OR IMPROVEMENT OF REAL PROPERTY This Section is not applicable and intentionally left blank. 14. SPECIAL PROVISIONS FOR CONSTRUCTON CONTRACTS A. DRUG-FREE WORKPLACE Pursuant to Section 440.102(15), F.S., any construction contractor regulated under Parts I and R of Chapter 489, F.S., who contracts to perform construction work under a state contract shall implement a drug-free workplace. B. CONTRACTOR ELIGIBILITY 1. The use of a Marine Specialty licensed contractor (Section 489.105, F.S) is not a requirement for professional services pertaining to artificial reef deployment activities during this Agreement. A Marine Specialty Contractor license (Chapter 61G4-15.033 Florida Administrative Code) does not include artificial reefs, and therefore is not a licensing requirement for artificial reef deployment. Version 1.0 – June 2013 Attachment A, Page 10 Jf p Attachment A — SCOPE OF WORK Project Name: Indian River County FWC Agreement No. 18101 Artificial Reef Construction 2018-19 I 2. The Consultants Competitive Negotiation Act (Section 287.055, F.S.) is not applicable for professional services pertaining to artificial reef planning, procurement, deployment or survey activities during this Agreement. Signed and sealed drawings are not required. In accordance with Executive Order 12549, Debarment and Suspension, the GRANTEE shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the GRANTEE shall not knowingly enter into any lower tier agreement, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing to the COMMISSION by the federal agency issuing the grant award. Upon execution of subcontracts funded by this Agreement, the GRANTEE shall require subcontractors to complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions", attached hereto and made a part hereof as Attachment E. As required by sentences 1 and 2 above, the GRANTEE shall include the language of this section, and Attachment E in all subcontracts or lower tier agreements executed to support the GRANTEE's work under this Agreement. C. FEDERAL FUNDS 1. This Agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying with all federal grant requirements as provided in the grant, a copy of which is attached hereto and made a part hereof as Attachment C. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the U.S. Fish and Wildlife Service. 2. The Davis -Bacon Act is not applicable to subcontracts executed under this Agreement. This project is funded by the Dingell -Johnson Sport Fish Restoration Act which does not require implementation of the provision of the Davis -Bacon Act as the initial federal award to the COMMISSION was exempt from the Davis -Bacon Act conditions. The GRANTEE agrees to follow all requirements of CFR 200, Code of Federal Regulations, for the procurement of commodities or contractual services under this Agreement. 4. The GRANTEE shall be required to provide a minimum matching contribution of $9,750.00 of the total project costs in support of the COMMISSION's grant from the U.S. Fish and Wildlife Service. 5. The COMMISSION shall make payment to the GRANTEE for an amount of the total project eligible cost less the $9,750.00 match, not to exceed $55,250.00 of approved invoiced costs. The $9,750.00 of invoice costs not reimbursed by the COMMISSION shall represent the GRANTEE's matching contribution as required by the COMMISSION's grant from the U.S. Fish and Wildlife Service. Version 1.0 — June 2013 Attachment A, Page 11 1f# Attachment A — SCOPE OF WORK Project Name: Indian River County I FWC Agreement No. Artificial Reef Construction 2018-19 118101 D. PAYMENT BOND Pursuant to Chapter 287, F.S., no payment or surety bond is required for this project. E. PERFORMANCE BOND Pursuant to Chapter 287, F.S., no performance bond is required for this project. F. CERTIFICATE OF CONTRACT COMPLETION The Grantee will be required to complete a Certificate of Completion form (Attachment F) when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION'S Contract Manager shall submit the executed form with the invoice to Accounting Services. G. CERTIFICATE OF PARTIAL PAYMENT This Section is not'applicable and intentionally left blank. H. GRANTEE PAYMENTS TO SUBCONTRACTOR Grant Agreement No. 18101, Section 15, B, "Grantee Payments to Subcontractor" is hereby amended to read as follows: If subcontracting is permitted pursuant to Section 15, Paragraph A, the GRANTEE agrees to make payments to the subcontractor upon completion of work and submitted invoice in accordance with the contract between the GRANTEE and subcontractor. Failure to make payment pursuant to any subcontract within thirty (30) working days will result in a penalty charged against GRANTEE and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the thirty (30) working day period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. The remainder of this page intentionally left blank Version 1.0 — June 2013 Attachment A, Page 12 1152 FWC Agreement No. 18101 The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part H of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds, then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or other procedures. By entering into this Agreement, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Audit Requirements rev.06/01/2017 Page 1 oto FWC Agreement No. 18101 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to agreements with the Commission shall be based on the agreement requirements, including any rules, regulations, or statutes referenced in the Agreement. The financial statements shall disclose whether or not the matching requirement was met for each applicable agreement. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission agreement involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500- 200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each agreement with the Commission in effect during the audit period. G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: http://harvester.census.gov/sac/sainfo.html PART II: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in any fiscal year of such Grantee, the Grantee must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Commission by this Agreement. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part I1, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Audit Requirements rev.06/01/2017 Page 2 of It FWC Agreement No. 18101 C. If the Grantee expends less than $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $750,000.00 ($500,000.00 in fiscal years prior to July 1, 2016) in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i. e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https:Hqpps.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10' Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the Audit Requirements rev.06/01/2017 Page 3 o42 FWC Agreement No. 18101 audit report, indicate the date that the Grantee received the audit report); copies of the reporting package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part II of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part II of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Office of Inspector General Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Agreement shall be submitted timely in accordance with OMB Sections 200.500- 200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End ofAttachment— Audit Requirements rev.06/01 /2017 Page 4 of § 3 FWC Agreement No. 18101 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: N 4 CFDA CFDA.Tit e Amount 15.605 Federal Aid in Sport Fish Restoration Program $40,000.00 expenditures for the funds awarded. ' 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Total Federal Awards $40,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: a c ing MProvided CFDA # CFDA4itle Amount of Matching Funds 15.605 Florida Artificial Reef Program $15,250.00 Audit Requirements rev.06/01/2017 Page 5104A CFDA # Compliance Requirements - 15.605 1. Only the goods and/or services described within the attached Agreement and Attachment A Scope of Work are eligible expenditures for the funds awarded. ' 2. All provisions of Section 379.249, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. 4. The Grantee shall be required to provide a matching contribution of the total project costs (a minimum of $9,750) in support of the Commission's grant from the U.S. Fish and Wildlife Service. STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: a c ing MProvided CFDA # CFDA4itle Amount of Matching Funds 15.605 Florida Artificial Reef Program $15,250.00 Audit Requirements rev.06/01/2017 Page 5104A FWC Agreement No. 18101 Total Matching Funds Associated with Federal $15,250.00 Programs SUBJECT TO SECTION 215.97, FLORIDA STATUTES: COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO TFIIS AGREEMENT ARE AS FOLLOWS: .�..:, �.,,..- _C a- a erits�.��rc�:'°-=:� ,.._: =:,•�� - -StatePr =ct- e. CSFA'#-;CSF A Title' `` " Amount .n/a n/a n/a Total State Awards COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO TFIIS AGREEMENT ARE AS FOLLOWS: .�..:, �.,,..- _C a- a erits�.��rc�:'°-=:� ,.._: =:,•�� - CSFA # Com 'liance'Re uirements. n/a n/a NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. - End of EXHIBIT I - Audit Requirements rev.06/01/2017 Page 6106 -. .. . . , - .... --- FWC Agreement No. 18101 Attachment C State Grant Programs Part 523 Federal Aid Compliance Requirements Chapter 1 Summary 523 FW 1.1 1.1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. In accepting Federal funds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not all-inclusive. Exclusion of any specific requirement does not relieve grantees of their responsibility for compliance. Copies of reference materials can be obtained from the Regional Offices. Guidance on the following requirements is contained in this chapter. A. Nondiscrimination Requirements. - Title VI of the Civil Rights Act of 1964 - Section 504 of the Rehabilitation Act of 1973 - Age Discrimination Act of 1975 - Title IX of the Education Amendments of 1972 B. Environmental Requirements. - Coastal Zone Management Act of 1972 - Executive Order 11987, Exotic Organisms - Endangered Species Act of 1973 - National Environmental Policy Act of 1969 - Floodplains and Wetlands Protection - Animal Welfare Act of 1985 - Coastal Barriers Resources Act of 1982 C. Historic and Cultural Preservation Requirements. - National Historic Preservation Act of 1966 D. Administrative Requirements. . - Uniform- Relocation Assistance and Real Property Acquisition Policies Act of 1970 - Debarment and Suspension - Drug -Free Workplace Act of 1988 - Restrictions on Lobbying (P.L. 101-121) 1.3 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d)). A. Summary. Prohibits discrimination based on race, color, or national origin in any "program or activity receiving Federal financial assistance." B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not, on the basis of race, color, or national origin, select, locate, or operate project facilities which will serve to exclude or limit opportunity for use or benefits. ��o� Attachment C, Page 1 rha FWC Agreement No. 18101 Attachment C (2) Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid projects and shall inform the public that the projects are subject to Title VI compliance. (3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included. 1.4 Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 795) A. Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. (1) Grantees may not deny a qualified handicapped person the opportunity to participate in or benefit from Federal Aid project facilities or services afforded to others. (2) Grantees may not deny a qualified handicapped person the opportunity to participate as a member of a planning or advisory board. (3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid project. 1.5 Age Discrimination Act of 1975 (42 U.S.C. 6101) A. Summary. Prohibits discrimination on the basis of age in programs or activities receiving Federal financial assistance. B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements. No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. However, a grantee is permitted to take an action otherwise prohibited if the action reasonably takes into account age as a factor necessary to the normal operation or achievement of any statutory objective of a program or activity. 1.6 Title IX of the Education Amendments of 1972 (20 U.S.C. 1681, et.seq.) A. Summary. Prohibits discrimination on the basis of sex in any education program receiving Federal financial assistance. iMll' Attachment C, Page 210 gpS� FWC Ageement No. 18101 Attachment C B. References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements C. Requirements. No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program receiving Federal financial assistance. For the purpose of Title IX, hunter education and aquatic education project activities are considered education programs. 1.7 Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et. seq.) A. Summary. The Act is intended to, "preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone..." B. References. Regulations of the Department of Commerce (15 CFR 930). C. Requirements. Federal Aid projects, which would "significantly affect the coastal zone" must be consistent with the approved State management programs developed under the Act. Prior to submitting a Grant Proposal for a project in the coastal zone of a State with an approved Coastal Zone Management Program, the proposed project must be reviewed for consistency with the management plan. Grantees may be required to submit a statement attesting to conformance with the Coastal Zone Management Plan. 1.8 Exotic Organisms Executive Order 11987 A. Summary. Federal agencies shall discourage the States from introducing exotic species into natural ecosystems of the United States. In addition, Federal agencies will restrict the use of Federal funds for the purpose of introducing exotic species into ecosystems outside of the United States. B. References. Executive Order 11987, Exotic Organisms, 42 FR 26949 (May 25, 1977) C. Requirements. (1) Any proposal for the introduction of an exotic species into a natural ecosystem by a State fish and wildlife agency must include a biological opinion from the U.S. Fish and Wildlife Service supporting the proposed introduction. (2) To obtain a biological opinion, the State agency shall provide the Regional Director with a written request for the opinion together with any available information including, but not limited to, NEPA documents, biological data, and project plans. (3) After receiving a biological opinion, it will be the responsibility of the State agency to adhere to the recommendations outlined in that opinion. 1.9 Endangered Species Act of 1973 (16 U.S.C. 1531-1534). A. Summary. Actions funded under the Federal Aid programs must not jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of the habitat of the species. B. Reference. Section 7 Consultation Requirements, 43 FR 870 (Jan. 4, 1978). C. Requirements. The Regional Director must ensure that Federal Aid projects are not likely to jeopardize the continued existence of endangered or threatened species or result in the En Attachment C Page 3 of �48 R•" 11- f FWC Agreement No. 18101 Attachment C destruction or adverse modification of critical habitat. For projects which may affect an endangered or threatened species, either beneficially or adversely, a formal Section 7 consultation is necessary. The State is required to name the listed species and/or critical habitat included; list the name, description, and location of the area; list objectives of the actions; and provide an explanation of the impacts of the actions on a listed species or its critical habitat. 1.10 National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347). A. Summary. Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation. B. References. (1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR 1500-1508). (2) Departmental Manual, Environmental Quality, Part 516. (3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director -Fish and Wildlife Enhancement is authorized to promulgate the National Environmental Policy Act Handbook for Federal Aid Projects. C. Requirements. Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (EIS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see National Environmental Policy Act (NEPA) Handbook for Federal Aid Projects. 1.11 Floodplains and Wetlands Protection. A. Summary. Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only if actions are taken to minimize the adverse effects. B. References. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 1977). (3) Department of Interior Procedures for Implementation, 520 DM 1. (4) Natural Resources Protection, 613 FW. C. Requirements. The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. If there are no practical alternatives to proposed projects in floodplains or wetlands, actions to minimize the adverse effects should be incorporated into the project plans. 1.12 Animal Welfare Act of 1985 7 U.S.C. 2131, et seq. A. Summary. Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and teaching. B. References. Regulations of the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug. 31, 1989). �o� Attachment C, Page 440 FWC Agreement No. 18101 Attachment C C. Requirements. Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices. 1.13 Coastal Barriers Resources Act of 1982 (16 U.S.C. 3501), as amended by the Coastal Barrier Improvement Act of 1990 (P.L. 101-591) A. Summary. The purpose of the Acts are "...to minimize the loss of human life, wasteful expenditure of Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers..." B. References. U.S. Fish and Wildlife Service Advisory Guidelines, 48 FR 45664 (Oct. 6, 1983). C. Requirements. Activities conducted within a unit of the Coastal Barrier Resources System must meet the requirements of section 6 of the Act. Section 6 requires consultation with the Service, via the appropriate Regional Office. 1.14 National Historic Preservation Act of 196616 U.S.C. 470. A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation of historical and cultural properties and resources. B. References. (1) National Register of Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act of 1974, 16 U.S.C. 469a. (3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 800). (4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63). (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW. C. Requirements. (1) States must consult with the State Historic Preservation Officer (SHPO) for those activities or projects that are defined as undertakings under the National Historic Preservation Act. An undertaking is defined as a project, activity, or program that can result in changes in the character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential effect. Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of the National Historic Preservation Act. (2) In cases where a Federal Aid project has been determined to be an undertaking, the State must notify the appropriate Service Regional Director for guidance on how to proceed with Section 106 compliance. Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of inventory to identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in the National Register. (3) Where completed inventories indicate that identified historic properties may be affected by the undertaking, the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek Attachment C, Page 5 QSU ,� 1 FWC Agreement No. 18101 Attachment C determinations of eligibility for those properties that are to be affected by the proposed activity. (4) If a State is advised by the SHPO that an undertaking will adversely affect a property that is eligible for or listed on the National Register, the State shall ask the appropriate Regional Director to determine measures for mitigating or avoiding impacts. This may require the development of a memorandum of agreement among the Service, State, and State Historic Preservation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include (a) Physical destruction, damage, or alteration of all or part of the property; (b) Isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements that are out of character with the property or alter its setting; (d) Neglect of a property resulting in its deterioration or destruction; and (e) Transfer, lease, or sale of the historic property. (5) If a previously unknown property that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid project, the Regional Director must be notified and all actions which may adversely effect it must be suspended. The Service shall provide the State with instructions on how to proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Policies Actof 1970, as amended (42 U.S.C. 4601) A. Summary. Federal agencies may not approve any grant unless the grantee provides Assurances that it will comply with the Act. Prices to be paid for lands or interests in lands must be fair and reasonable (except when the price is fixed by law, or when the lands are to be acquired at public auction or by condemnation and the value determined by the court). Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable treatment. B. References. (1) Department of Interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114-50). (2) Department of Transportation Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. (1) A real property owner or his designated representative must be contacted prior to making an appraisal and given an opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner. (3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the State or other grantee must offer to buy the whole property. The term "uneconomic remnant" applies only to Title III of the Act and the necessity of the acquiring agency to offer to purchase such a remainder or the entire property. It is not to be construed with the term "uneconomic unit" as it applies to the in -lieu payment of farm operations under Title II of the Act. r Attachment C, Page 6 f8l FWC Agreement No. 18101 Attachment C D. Negotiation Requirements. (1) An owner or his designated representative must be provided, in person or by certified mail, a written statement of just compensation as determined in the appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken and the owner is left with an uneconomic remnant, the agency must offer to buy the whole property. (2) Reimbursement to a real property owner for costs to convey a title must include (a) Recording fees, transfer taxes, and similar costs; (b) Penalty cost for prepayment of pre-existing recorded mortgage; and (c) Pro -rata portion of real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation benefits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see 49 CFR 24.205). Planning may involve the following (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain (i) Currently available replacement housing, businesses, farm, and organization sites; (ii) Approximate number of employees affected; (iii) Types of buildings, number, and size of rooms; (iv) The needs of those displaced (i.e. lifestyle); and (v) Type of neighborhood, distance to community facilities, church, etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 50 -mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted. (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped. (e) Estimate of cost for moving. (2) Advisory Services for Displaced People. Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persons. Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. AAT Attachment C, Page p55Z 9 FWC Agreement No. 18101 Attachment C 1.16 Debarment and Suspension A. Summary. Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may not receive grants from any Federal agency. B. References. (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100 - 12.510 C. Requirements. (1) States and other grantees must submit the certification for Primary Covered Transactions (DI -1953). States certify as to their"principals", not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgrantees and contractors a certification for Lower Tier Covered Transactions (DI -1954). A certification is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from a subgrantee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, to any party which is debarred or suspended or is otherwise ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list is available, upon request, from the Regional Director. 1.17 Drug -Free Workplace Act of 1988. A. Summary. The Drug -Free Workplace Act requires that all grantees certify that they will maintain a drug-free workplace. B. References. Department of Interior Rules, Drug -Free Workplace Requirements, 43 CFR 12.600-635. C. Requirements. Grantee organizations must (1) Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace is prohibited; (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and Provide a drug-free workplace certification to the Department of Interior or U.S. Fish and Wildlife Service. The forms for providing the certification are available from the Regional Director. State agencies may certify annually. If the State agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than Stateagencies must submit the certification with each Grant Agreement. (Ao "" S Attachment C, Page B5' 9 FWC Agreement No. 18101 Attachment C 1.18 Restrictions on Lobbying (P.L. 101-121) A. Summary. Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. B. References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying. C. Requirements. (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e.g. grants, to pay any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee of a member of Congress in connection with a specific contract, grant, loan, or cooperative agreement. (2) Proposals for grants in excess of $100,000 must contain a certification that no part of the funds requested will be used for lobbying. Copies of the certification form, Form DI - 1963, can be obtained from the Regional Offices. (3) Recipients of grants in excess of $100,000 must file a disclosure form on lobbying activities conducted with other than Federal appropriated funds. Form SF -LLL and SF -LLL - A, Continuation Sheet, shall be used for this purpose. Copies of the forms can be obtained from the Regional Office. roe Attachment C, Page -45149 FWC Contract No. 18101 Attachment D COST REIMBURSEMENT. CONTRACT PAYMENT REQUII2EMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the apporoved contract budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the contract. FWC is required to maintain the detailed supporting documentation in support of each request for cost reimbursement and to make it available for audit purposes. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved contract budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. FWC may require more detailed documentation as deemed appropriate to satisfy that the terms of the contract have been met. Listed below are types and examples of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. For cost reimbursement contracts with another State agency (including State universities): In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. 155 Cost Reimbursement Contract Payment Requirements April 2018 Page 1 of 1 FWC Agreement No. 18101 Attachment E CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS Required for all contractors and subcontractors on procurement (vendor) contracts of $100,000 or more, and for all contracts and grants with sub -recipients regardless of amount, when funded by a federal grant. 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: i (a) Have not within a three-year period preceding this response been convicted of or had a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three-year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of 20_ By: Authorized Signature/Contractor Typed Name/Title Grantee Name/Contractor Name Street Address Building, Suite Number City/State/Zip Code Area Code/Telephone Number debar.226/rev.12/00 Ver. December 2013 Attachment E, Paof 2 FWC Agreement No. 18101 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Florida Fish and Wildlife Conservation Commission (FWC) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the FWC or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501-4740 or (202) 501-4873.) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the FWC or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. debar.226/rev.12/00 11 Ver. December 2013 Attachment E, Page of 2 1 I representing Attachment F FL FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF MARINE FISHERIES MANAGEMENT ARTIFICIAL REEF PROGRAM CERTIFICATION OF COMPLETION (Printed Name and Title) (Name of Grantee) do hereby certify that the artificial reef project funded by Grant Number FWC - has been completed in compliance with all terms and conditions of said Grant Agreement. (Signature) (Date) Attn,'---- r -, GRANT NAME: Florida Artificial Reef Proeram AMOUNT OF GRANT: $55,250 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: James D. Gray, Jr. 1. How long is the grant for? August 31, 2019 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant - % GRANT No. FWC-18101 TELEPHONE: ext. 1344 Expected Starting Date: November 20, 2018 YES NO X KI M 5. Grant match amount required $9,750 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Funding for Artificial Reef construction is available in Beach Restoration Fund/Orchid Island Artificial Reef Account No. 12814472-066510-14013. 7. Does the grant cover capital costs or start-up costs? No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching Fourth Year TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: 159 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 159 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services CONSENT BCC Meeting 11-20-2018 Date: November 8, 2018 To: The Honorable Board of County Commissioners Through: Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator From: Anne Shepherd, Director Library Services Subject: Indian River County Library System State Aid to Libraries Grant BACKGROUND In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have the grant agreement and required documents approved by the Governing Body and signed by the Chair. DESCRIPTIONS AND CONDITIONS: The State Aid to Libraries Grant awarded to Indian River County Libraries was $100,798 for Fiscal Year 2016-17. The Grant requires Indian River County Library System to provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge. The Libraries must provide access to materials and information and services for all residents of the area served; and, to have at least one library, branch library or member library open 40 hours or more each week. A single administrative head must be employed fulltime by the Library's governing body. There must be an approved Long Range Plan, Annual Plan of Services, and report of annual statistics with the signed document. This Grant Agreement is due by December 1, 2018. FUNDING: No funding is required for the subject task. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the Indian River County Library System State Aid Package FY 2017-2018 with estimated grant award of $100,798, and authorize Chairman to sign and return the Indian River County Library System State Aid Package FY 2017-2018 to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENT: State Aid to Libraries Grant Agreement Grant Form DISTRIBUTION: Anne Shepherd, Library Services Director C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@2004090C\@BCL@2004090C.doc 160 APPROVED AGENDA ITEM FOR November 20, 2018 C:\Users\legistar\AppDataU,ocal\Temp\BCL Technologies\easyPDF 8\@BCL@2004090C\@BCL@2004090C.doc 161 STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County for and on behalf of Indian River County Library This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as .the "Division," and the Indian River County for and on behalf of Indian River County Library, hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a. The Grantee shall perform the following Scope of Work as identified in Section 257.17, Florida Statutes: Manage or coordinate free library service to the residents of its legal service area. The Grantee shall: 1. Have a single administrative head employed full time by the library's governing body; 2. Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library open 40 hours or more each week b. The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: ■ Payment will be a fixed price in the amount of 100% of the grant award. The Grantee will: o Adopt or approve current year library budget; o Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays) during the grantee's fiscal year; and o Adopt or approve the Annual Plan of Service for the grantee's fiscal year. State Aid to Libraries Grant Agreenrnt (Form DUS1SA02) Chapter IB-1011(2xa), Florida Administrative Code, Effective 07-2017. P tZof IS 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 28 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant funds before the Agreement has been signed by all parties. No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State RA. Gray Building Mail Station # 9D 500 South Btonough Street Tallahassee, Florida 32399-0250 Phone: 850.245.6620 Facsimile: 850.245.6643 Email: marian.deeney@dos.myflorida.com For the Grantee: Elizabeth Stenger, Project Manager 1600 21 st Street Vero Beach, Florida 32960 Phone: 772.770.5060 Facsimile: 772.770.5066 Email: estenger@irclibrary.org Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Payment will be a fixed price in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. Electronic Payments. The Grantee can choose to use electronic funds transfer. (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (incorporated by reference) to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-Al-26E.pdf. The form also includes tools and information that allow you to check on payments. State Aid to Libraries Crant Agreement (Form DUS/SA02) Chapter IB -2.01 I(2xa), Florida Administrative Code, Effective 07-2017. Pa f 15_ 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding,. and its funding will be reduced to zero. Payment will be withheld if Deliverables are not satisfactorily completed. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, which is administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (incorporated by reference), which are available online at.myfloridacfo.com/aadir/reference_guide. Grant funds may not be used for the purchase or construction of a library building or library quarters 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated fiords which has been advanced or paid to the Grantee. In addition, funds paid in excess of the amount to which the recipient is entitled under the terms and conditions of the agreement must be refunded to the state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. State Aid to Libraries (;cant Agrcetmnt (Form D11S/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. P f 15 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #91), Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit. or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida Statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. State Aid to Libraries Grant Agreemcnt (Form D11S/SA02) Chapter i&2.011(2xa), Florida Administrative Code, Effective 07-2017. P f l5 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all Rinds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. State Aid to Libraries Gant Agreement (FormDIJS/SA02) Chapter 1&2.011(2xa), Florida Administrative Code, Effective 07-2017. P�f IS 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments .and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. State Aid to Libraries Gant Agreement (FormD1IS/SA02) p6/bf t5 Chapter IB-2.011(2xa), Florida Administrative Code, Effective 07-2017. 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably'be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. State Aid to Libraries Gant Agreement (FOrmDLls/SA02) Chapter 1B-2.011(2xa), Florida Administrative Code, Effective 07-2017. P�f 15 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990. 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2017-18 State Aid to Libraries Final Grants (Attachment B) State Aid to Lbrarics Grant Agrecmont (Form DL1S/SA02) Chapter 1B-2.011(2xa), Florida Administrative Code, Effective 07-2017. P*69f 15 The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreement: Grantee: Chair of Governing Body or ChiefExecutive Officer Department of State: Typed nacre and title Typed harm and title Witness Clerk or ChiefFinancial Officer Typed narne and title Approved: BY: Jason Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Dylan Reingold, County Attorney State Aid to libraries Grant Agreement (FormDLIS/SA02) P*%f 15 Chapter 1&2.011(2xa), Florida Administrative Code, Effective 07-2017. ATTACHMENT A FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS FWIJ01*301"Jau� .r The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. 0 C110 -mel "41 Im In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97, Florida Statittes, monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. PART I: FEDERALLY FUNDED: This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.90, 200.64 & 200.70 as revised. In the event that the recipient expends $750,000 for fiscal years ending after December 31, 2014 or more during the non -Federal entity's fiscal year in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by, 2 CFR 200.502. An audit of the recipient conducted. by the Auditor General in accordance with the provisions of 2 CFR 200.514, as revised, wil meet the requirement of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508. 3. If the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d) Exemption when Federal awards expended are less than $750,000. A non -Federal ,entity that expends less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for State Aid to libraries Gant Agreement (Form D11S/SA02) Chapter 1B-2.011(2)(a),Florida Administrative Code, Effective 07-2017. Pa&701)f 15' review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov PART II: STATE FUNDED: This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1),Florida Statutes 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending after June 30, 2016), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXI-IIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), .Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending after June 30, 2016), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year ending after June 30, 2016 and elects to have an audit conducted in accordance with the provisions of Section.215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) http://www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) htW:/Jwww.leg.state.fl.us/ State Aid to libraries Grant Agrcement (FormDIIS/SA02) pa�J �f IS Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Copies of financial reporting packages required by PART H of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done State Aid to libraries Cerant Agreement (Form DIIS/SA02) Pa& Jif 15 Chapter 1B-2.011(2xa), Florida Administrative Code, Effective 07-2017. in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. State Aid to libraries Grant Agreement (For nDUS/SA02) Pale7*f 15 Chapter IB -2 011(2)(a), Florida Administrative Code, Effective 07-2017. EXHIBIT — FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS. APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215,97, Florida Statutes: Florida Department of State, State Aid to Libraries; CSFA Number 45.030. Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at bttps://apps.fldfs.com/fsaa/. State Aid to Libraries Grant Agreement (Form DUS/SA02) P476f 15 Chapter 1 B-2.011(2xa), Florida Administrative Code, Effective 07-2017. ATTACHMENT B [Fiscal Year 2017-18 State Aid to Libraries Final Grants to be attached by the Division upon execution of the agreement] State Aid to Libraries Caant Agreement (Form DUS/SA02) Pale76f B Chapter 1B-2.01 l(2xa), Florida Administrative Code, Effective 07-2017. GRANT NAME: State Aid to Libraries GRANT # AMOUNT OF GRANT: $100,798 Estimated DEPARTMENT RECEIVING GRANT: General Services / Library Services CONTACT PERSON: Anne Shepherd TELEPHONE: 772-770-5060 1. How long is the grant for? One Year 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant % 5. Grant match amount required Starting Date: October 1, 2018 Yes X No - Yes ___X__No Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes ___.K__No If no,, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement - Contributions 012.13 Insurance - Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel. and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature of Preparer: Cj 1 Date: - .9 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Cj 1 Date: - .9 CONSENT: 11/20/2018 Q Office of Oil INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold — County Attorney DATE: November 13, 2018 SUBJECT: Annual Resolution re Signatories ATTORNEY In connection with the selection of a new Chairman and Vice Chairman, the Board of County Commissioners must adopt a resolution directing depositories of County funds to honor certain authorized signatures on County checks, warrants, and other orders for payment. Based on input from the Finance Office, the attached resolution has been prepared designating both the Chairman and Clerk as the authorized signatories and providing for facsimile signatures rather than manual signatures on all checks. Funding: There are no costs associated with this agenda item. Reauested Action: Adopt the resolution and authorize the newly selected Chairman as well as the Clerk to sign the resolution and the respective Certificate of Facsimile Signature; and to instruct the Clerk to the Board of County Commissioners to transmit to the Department of State each original Certificate of Facsimile Signature which bears the original manual signatures of those Indian River County officers authorized to use facsimile signatures in lieu of manual signatures. lnhm Attachments: Resolution Certificate of Facsimile Signature (2) 178 of RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DIRECTING DEPOSITORIES OF COUNTY FUNDS TO HONOR CERTAIN AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; PROVIDING FOR BOARD OF COUNTY COMMISSIONERS AND CLERK OF THE CIRCUIT COURT SIGNATORIES; RESCINDING RESOLUTION NO. 2017-122 EFFECTIVE NOVEMBER 20, 2018 WHICH SPEAKS TO AUTHORIZED SIGNATURES ON COUNTY CHECKS, WARRANTS, AND OTHER ORDERS FOR PAYMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Code section 101.02.1, on November 20, 2018, the Board County Commissioners of Indian River County ("Board") selected as Chairman from November 20, 2018, and continuing through November 19, 2019; and WHEREAS, Jeffrey R. Smith is the duly elected Clerk of the Circuit Court and Comptroller for Indian River County ("Clerk"), and he serves as clerk and accountant to the Board, pursuant to Section 28.12, Florida Statutes (2017); and WHEREAS, the Board has previously designated certain institutions as depositories of County funds; and WHEREAS, the Board's selection of Chairman requires a re -designation of signatories for County warrants, checks, and other orders for the payment of money drawn on the County's depositories; and WHEREAS, the Board has determined that the existing- financial practices concerning personnel policies and employee compensation eliminate the need to require manual signatures on salary and other compensation warrants, checks, and other orders payable to Board employees; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. Previous designations by the Board of certain institutions as official depositories of County funds are hereby ratified and affirmed. 2. Manual signatures shall not be required on any checks, warrants, and other orders for the payment of money drawn in the name of the Board for the purpose of salary and other compensation:to or for any Board employees. 179 RESOLUTION NO. 2018- 3. Each designated depository of County funds is hereby authorized and directed to honor checks, warrants, and other orders for payment of money drawn in the name of the Board, including those payable to the individual orders. of any person/entity or persons/entities whose name or names appear thereon, when bearing both the facsimile signature of the Clerk, and the facsimile signature of the Chairman of the Board. 4. The manual and facsimile signatures of the herein designated officers appear on Exhibit "A" attached hereto and by this reference incorporated herein in its entirety. 5. The signatories named on the attached Exhibit "A" are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking institutions designated as official depositories by the Board. 6 The use of facsimile signatures is authorized by Florida Statutes Section 116.34 (2018), the "Uniform Facsimile Signature of Public Officials Act." 7. The Clerk to the Board shall immediately file with the Department of State each Certificate of Facsimile Signature bearing the original manual signatures, at which point a facsimile signature of those officials signatory to Exhibit "A" of this Resolution shall have the same legal effect as a manual signature on any instrument of payment. The Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the Resolution duly passed and adopted this 20th day of November, 2018 with an effective date of November 20, 2018. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Deputy Clerk APPROVED AS TO FORM S AND LEGAL. ENCY BY DYLAN REINGOLD 1%ni IA1T\/ A'r1re%--- -- BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA , Chairman 180 EXHIBIT "A" Jeffrey R. Smith, Clerk of Circuit Court and Comptroller Actual Facsimile Indian River County Board of County Commissioners Chairman: Actual Facsimile 181 CERTIFICATE FOR FACSIMILE SIGNATURE (SeclJon 116,34, Florida Statutes) State of Flonda COUnty Of , Indian River Jeffrey R. Smith being (pmt name a vtobosfgnad befow)r Duly appointed, as Clerk of Circuit Court and Comptroller of (state 4:6nicla tido or posiflon). Indian River County, -Florida Do hereby file with the Secretary of State .my Wiciai signature for the purpose of complying with -Section 116,34, Florida Statutes, and. do hereby -certify that the signature beiow is true, correct and manually subscribed by me. UNDER PENALTIESOF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING OATH AND THAT THE FACTS STATED IN IT ARE TRUE.. Signature signet Jeffrey R. Smith_ -__.,.- Print Nam as signod 2000 15th AKenue---- BLmlmss VP-rn--RnaCh,,-.EL--3-2 0 cj�j sute Zip Oodo DE -D 3 (Rov,10199) 182 CERTIFICATE FOR. FACSIMILE SIGNATURE z (Section 11 G.U., Flonda Statutes) State of Flod da County of Indian River 1, being (print now ar, to be signed bdWv4 13uly appointed as Chairman of the Board of County --.-Commissioners (Statia COWRAO title OT POSitiQTO of Indian River County, Florida Do hereby file with the Secretary of State my official signature for the purpose of complying with Section 116,34; Florida Statutes, and do hereby ,wrtify that The SiignatUrie- below Is true:, correct and manually tubs bed by me. UNDER. PENALTIES OF PERjUR-yr, I DECLARE THAT I H AV..-.-E- READ THE FOREGOING OATH AND THAT THE FACTS ,STATEDI IN IT ARE TRUE-. Signature Palo snod PyInt Na" is signod 1801 27th Street Vero Beach, FL 32960 . City stilts Z DE -DE 3 (ROVAOM) 183 CONSENT: 11/20/2018 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners ^ FROM: William K. DeBraal - Deputy County Attorney N v DATE: November 9, 2018 SUBJECT: Resolutions Cancelling Taxes on Property Purchased by Indian River County for Public Purpose The following properties have been acquired by Indian River County for right-of-way; and Resolutions are presented for the purpose of cancelling any delinquent or current taxes which may exist on these properties where a public purpose is planned: Property purchased from Elbert Izquierdo and fully described in that certain Warranty Deed recorded in Book 3150, Page 1840 of the Public Records of Indian River County, Florida for 66Th Avenue right-of-way. 2. Property purchased from Fay Knight Coffman a/k/a Dolores F. Coffman, joined by her husband Rodger D. Coffman and fully described in that certain Warranty Deed recorded in Book 3150, Page 1758 of the Public Records of Indian River County, Florida for 200 Street right-of-way. 3. Property purchased from Alexandra Van Der Rest, individually and as Trustee of the Alexandra Van Der Rest Trust and fully described in that certain Warranty Deed recorded in Book 3148, Page 519 of the Public Records of Indian River County, Florida for 691 Street right-of-way. 184 FUNDING: There are no costs associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: Resolutions cc: Tax Collector Property Appraiser 2 185 purchase of right-of-way along 661h Avenue from Elbert Izquierdo RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER -COUNTY, FLORIDA, . CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road .purposes, defense purposes, recreation; reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and .setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are. authorized, empowered, and directed 1 186 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Elbert Izquierdo for 66th Avenue right-of-way; are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3150 at Page 1840, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 187 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution -duly passed and adopted this day of November, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller 0 Deputy Clerk Chairman Tax Certificates Outstanding V/ Yes No Current Prorated Tax Received �. and Deposited with Tax Collector $ l J APPROVED AS TO FORM AND AL SUFE IENC s WILLIAWK. DEBRAAL DEPUTY COUNTY ATTORNEY 3 188 3120180058388 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3150 PG: 1840,9125/2018 9:45 AM D DOCTAX PD $122.50 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 48084134 Property Appraisers Parcel Identification (Folio) Number: 32-39-06-00001-0010-00005.0 Florida Documentary Stamps in the amount of $122.50 have been paid hereon. Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made they of September, 2018, by Elbert Izquierdo, whose post office address is 9898 SW 4th Street, Miami, FL 33174, herein called the Grantors, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantors, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: PARCEL 120: All that certain Piece, Parcel or Tract of land situate, lying and being a portion of Tract 1, Section 6, Township 32 South, Range 39 East, according to the last general Plat of lands of the Indian River Farms Company as recorded in Plat Book 2, Page 25 of the Public Records of St. Lucie County, Florida, now lying and being in Indian River County, Florida; said lands being more particularly described as follows, to wit; Beginning at the Southeast Corner of said Tract 1, thence, bearing North 89 degrees 43 minutes 26 seconds West, a distance of 78.85 feet to a Point; said Point being the Beginning of a Non Tangent curve Concave Westerly, having a Radius of 2,917.00 feet, a central angle of 06 degrees 44 minutes 44 seconds, a chord length of 343.22 feet bearing North 06 degrees 41 minutes 26 seconds East; thence, Northerly along the are of said curve, a distance of 343.42 feet to a Point on the North Line of the South 10 Acres of said Tract 1; thence, bearing South 89 degrees 43 minutes 25 seconds East, along said North Line, a distance or 42.04 feet to the Northeast Corner of the South 10 Acres of said Tract 1; thence, bearing South 00 degrees 32 minutes 02 seconds West, along the East Line of said Tract 1, a distance of 341.08 feet to the Point of Beginning. The Grantor here in warrants and avers that Grantor does not reside on the'lands conveyed hereby, nor on contiguous land; nor does any member of Grantor's family dependent upon Grantor for support. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments.and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantors hereby covenant with said Grantee that the Grantors are lawfully seized of said land in fee simple; that the Grantors have good right and lawful authority to sell and convey said land, and hereby warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. File No.: 48084134 LTF 189 BK: 3150 PG: 1841 IN WITNESS WHEREOF, the said Grantors have signed and sealed these presents the day and year first above written. Sign 462 ed nd 46iypred in the presence of: w�zness �t1 �i azure Aa�a�a Witness #1 Printed Name y fitness #2 Sip re 57�q- (4G sow r Witness #2 Printed Name State of Flor. a� County of The foregoing instrument was acknowledged b are personally known to me or have produced o�'"� 09:;• WARREN ORTIZ Notary Public - State of Florida My Comm. Expires Oct 5, 2018 'o; r< <� �;:• Commission # FF 130654 My Commission Expires: 7"3+ 0=0/8 File No.: 48084134 Elbert Izquierdo (Seal) IffA this 14 day of September, 2018, by EIbert Izquierdo, who as identification. Notary 'c "� P rV �C�CY� Notary Printed Notary Name LTF 190 BK: 3150 PG: 1842 ;. ... 0 ,6 ............. LPN j�ffij -8401T "By' TRACT "1 INDIAN RIVER'F FARMS CO. PL'A IoCXZPAE 25 (ST. C1 32330800001001000005.0 ORB 674j, PG 2434 PARCEL lid 19.460 SO.Ft P.45 ACRES FDbT RjWzUNE PER. CT" MAP SE 86530_2250, W-0 yf3x _201 oF= P. —TRACT 1, ALL THkT,CERTAIN PIECE, PARCEL OR TRACT OF LAND SITUATE, LYING AND -BEING A PORTION OF TRACT I. SECTION 6- TOWNSIAIP 12. *SOLrrH RANGE '39 EAST, ACCORDING TO THE LAST GENERAL 'PLAT OF LANDS OF THE INDIAN RIVER FAIiIAS COMP ..PLA1T,:BO0K._! PAGE _25._OF­THE PUBLIC RECORDS - OF' -:Sr. LUCIE COUNTY FLORIDA ANY.AS RkOROW.IN NOW .LYING AND- 13ENG IN: INDIAN RIVER COUNTY, FLORIDA; SAID LANDS -BEING MORE PARTICULARLY OESCRIBU AS F4pLLDWS,.'TO.. WT.;. BEGINNING, AT V. E,. SOUTHEAST.. CORNER OF. SAID TRACT i, THENCE TR PR N Ti{- 8943'28 WEST, A DISTANCE OF -78.85 FEET TO -A, POINT; PbN' IN% tHM BEGINNING. OF A NON- TANGENT CURVE CONCAVE WESTERLY,' HAVING A RADIUS OF -2.917.00 T. - OF': - -34-3.22 FEET BEARING NORTH 06*41'26' EAST; A CENTRAL. ZN L. ANGLE QI�4444% A CHO ;LENGTH OF RD _,Rf ..... ....... ....... ... .. ...... . !RE'NCE_f1O'_'­-1bkLy ALONG T.K ARC OF :SAID -CURVE, A DISTANCE OF 24,14-2 FEET TC -A POINT ON THE NORTH LINE OF lu AID - TR Still OF •-S ACT .. .. .......... ...... 0% .........•. ..... : ..... .... .. . . I THENCE; BEARfNG.SQUTH 69'16- EAST, ALONG SAID NORTH, LINE, A DfSTANICE OF 42.04 FEET TO THE NORTHEAST CORNER -OF--TNE -SoU*--jo, ACRES OF'vSAID­.MACT 1, THENCE,' _BEARIN:G td0TH;­00'32V!!' WEAT_.'ALONG THE EAST UNE OF SAJD'T-RACT 1, A DISTANCE OF 341:08 FEET To T ' ' .HE POINT DFS.E&NNING. ................. THE ABOVE ;DESCRIBED PREMISES CONTAIN ANAREA OF 10460 SQUARE FEET OR 0.45 ACRES, MORE OR LESS. ASEMENTS.::-CONDIMONS-ANor. RESTRICT! -A __QNS AS CONTAINED WITHIN THE',CHMN OF 'flTLE: ............ .. ........ ........... ... .. .. 191 purchase of right-of-way along 26th Street from Fay Knight Coffman a/k/a Dolores F. Coffman, joined by her husband Rodger D. Coffman RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 192 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all. things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Fay Knight Coffman a/k/a Dolores F. Coffman, joined by her husband Rodger D. Coffman, for 26th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3150 at Page 1758, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 193 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of November., 2018. BOARD OF COUNTY COMMISSIONERS .INDIAN RIVER COUNTY, FLORIDA By ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller In Deputy Clerk Chairman Tax Certificates Outstanding Yes No Current Prorated Tax Received g Aand Deposited with Tax.Collector $r APPROVED AS TO FORM AND LEGAL. FFI -IENCY BY� DEPUTY COUNTY ATTORNEY 3 194 3120180058375 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BIC: 3150 PG: 1758,9/25/2018 9:21 AM D DOCTAX PD $1,225.00 This Instrument Prepared by and Return to: Jason Beal Atlantic Coastal Land Title Company, LLC 855 21st Street, Suite C Vero Beach, Florida 32960 Our File No.: 48084135 Property Appraisers Parcel Identification (Folio) Number. 32393200007000000022.0 Florida Documentary Stamps in the amount of $1,225.00 have been paid hereon. Space above this line for Recording Data WARRANTY DEED THIS WARRANTY DEED, made the tr day of September, 2018, by Fay Knight Coffman a/k/a Dolores F. Coffman, joined by her husband Rodger D. Coffman, whose post office address is 5836 26th St., Vero Beach, FL 32966, herein called the Grantor, to Indian River County, a political subdivision of The State of Florida, whose post office address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called the Grantee: (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) W I T N E S S E T H: That the Grantor, for and in consideration of the sum of Ten and 00/100 ($10.00) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee all that certain land situate in INDIAN RIVER County, State of Florida, viz.: Lot 22, LESS AND EXCEPT the South 5 feet thereof, of PINE METTO PARK, according to the Plat thereof, recorded in Plat Book 3, page 87, of the Public Records of Indian River County, Florida. Subject to easements, restrictions and reservations of record and taxes for the year 2018 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. Fite No.: 48MW 135 ryp 195 BK: 3150 PG: 1759 IN WITNESS WHEREOF, the said'Grantor has signed and sealed these presents the day and year first above written. (Seal) Fay K ig t Coffin n a/k/a #0ores F. Coffman (Seal) Rodger D. Coffin n State of Florida County of Indian River �� The foregoing instrument was acknowledged before me this % V day of September, 2018, by Fay Knight Coffman a/k/a Dolo sF. Coffmanjoined by her husband Rodger D. Codman, who is personally known to me or has produced as identification. SEAL �IV Printed Notary Name 'My Commission Expires: s c•= Publi Pdotar• /c - com —ate of Florida f C; 01/550 ?.. %4v Corm. Expires Oct 11.2020 c: Bcgd.;d M;ocah `::,Gcaar A;otar y ks I. rr - File No.: 48091135 UP 196 purchase of right-of-way along 69th Street, from Alexandra Van Der Rest, individually and as Trustee of the Alexandra Van Der Rest Trust RESOLUTION NO. 2018- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 197 RESOLUTION NO. 2018 - to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out. the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands, which were purchased from Alexandra Van Der Rest, individually and as Trustee of the Alexandra Van Der Rest Trust, for 69th Street right-of-way, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 3148 at Page 519, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner, , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 198 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of November, 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 10 Chairman ATTEST.:' Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORM ANDL FF CI N Y B DEPUTY COUNTYATTORNEY 3 199 3120180056221 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3148 PG: 519,9/13/2018 1:58 PM D DOCTAX PD 5420.00 Prepared by and return to: Law Offices of Jennifer D. Peshke, P.A. 4733 North Highway AIA Suite 303 Vero Beach, FL 32963 772-231-1233 File Number. 01163 Will Call No.: (Space Above This Line For Recording Warranty Deed This Warranty Deed made this /' lb44 day of September, 2018 between Alexandra Van Der Rest as Trustee(s) of the Alexandra Van Der Rest Trust whose post office address is 6830 69th Street, Vero Beach, FL 32967, grantor, and Indian River County, Florida, a political subdivision of the State of Florida whose post office address is 1801 27th Street, Bldg. A, Vero Beach, FL 32960, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida to -wit: See Exhibit "A" Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2017. DoubleTime® 200 BK: 3148 PG: 520 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: i • �A i WINE State of Florida County of Indian River Alexandra Van Der Rest, individually and as Trustee The foregoing instrument was sworn to and acknowledged before me this day of September, 2018 by Alexandra Van Der Rest, Individually and as Trustee as Trustee(s) of the Alexandra Van Der Rest Trust, who U is personally known or [X] has produced a driver's license as identification. AQ [Notary Seal] Notary Public V�'; � VICrORM ANN PERSIWD ;� �� �~ * MY COMMISSION a Gla 016840 �� ��'EOF EPIRES:Augud1%2020 . Boded l!w 9d" Nota Sr*" Warranty Deed - Page 2 Printed Name: Vk"iy) a Lt' n� &1(-[CzAOd My Commission Expires: DoubleTime® 201 BK: 3148 PG: 521 Exhibit A The North 70.00 feet of the South 100 feet of the following described parcel as recorded in Official Records Book 2720, page 1060, Public Records of Indian River County, Florida. The South one-half of the West 10 acres of the East 10.245 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying and being in Indian River County, Florida. Together with: The East 0.245 acres of the East 20.49 acres of Tract 15, Section 6, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company Subdivision filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25, said land now lying and being in1ndian River County, Florida. Parcel Identification Number: 32-39-06-00001-0150-00004.0 File Number: 01163 DoubleTlme® 202 CONSENT AGENDA: 11/20/2018 1--30 Ofce of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM ATTORNEY TO:. Board of County Commissioners FROM: William K. DeBraal — Deputy County Attorney RJID— DATE: November 13, 2018 SUBJECT: Resolutions Formally Designating Portions of Certain County_ Owned Property as Right -Of -Way Earlier this year the County purchased, for future road expansion of 26th Street and 58th Avenue, two parcels having the addresses of 5816 26th Street and 5836 26th Street. The intent of the County is to now earmark by formal resolution that portion of each property that will be for right-of-way so that the remainder can be re -sold and put back on the tax rolls. In this regard, a resolution has been prepared for each property to designate the portion that will be for future right-of-way, thus alleviating any boundary issues that may surface in the future with respect to the re -selling of ther remainder property. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $122.00. Funding for this expenditure is budgeted .and available from Account No. 10215241-066120-16006 Traffic Impact Fees/ROW/26th Street/58th Ave. to 66th Ave. RECOMMENDATION: Adopt the resolutions, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm Attachments cc: Robert Garst — Mapping Section, IRC Property Appraiser's Office 203 RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR RIGHT-OF- WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL (METES AND BOUNDS DESCRIPTION WITHIN TRACT 16 OF SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA). WHEREAS, on May 7, 2018 Indian River County purchased property from Sandra Smith Lambert and Cynthia Gail Stenroos for future road expansion of 26th Street and 58th Avenue; said conveyance was recorded in Book 3116 at Page 1215 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right -of - 1 204 RESOLUTION NO. 2018 - way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1.. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 205 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed. and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk -3 , Chairman APPROVED AS TO FORM AND LEG AL SUFFICIEN BY ' WILLIAM K. GBBRAAL DEPUTY COUNTY ATTORNg 206 Sketch and L egal Description for. INDIAN RI VER COUNTY Legal Description (Right-of-way Acquisition) Being a parcel of land lying in Tract 16, Section 32, Township 32 South, Range 39 East, Indian River County, Florida, according to the Last general Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, St. Lucie County, Florida, (now Indian River County, Florida) said land also being a portion of those lands described in Official Record Book 3116, Page 1215, Public Records of Indian River County, Florida, said Parcel being more particularly described as follows, Commence at the Southeast corner of said Section 32, said corner also being the Southeast corner of said Tract 16; Thence North 89045'50" West, along the South line of said Section 32 and said Tract 16, a distance of 25.00 feet; Thence departing said South line, North 00°06'31"East, parallel with the East line of said Section 32 and said Tract 16, a distance of 30.00 feet to the Point of Intersection with the West Right of Way line of 58th Avenue (kings Highway) and the North Right of Way Line of 26th Street (Walker Avenue) said Point being the Point of Beginning of the Following described Parcel: Thence North 89°45'50" West, along the North Right of Way line of said 26th Street (said line being 30.00 feet North of as measured at right angles to the South line of said Section 32) a distance of 301.75 feet to a point of the Southerly extension of the East line of the Plat of Pine-Metto Park, as Recorded in Plat Book 3, Page 87, Public Records of Indian River County, Florida; Thence North 00°06'31" East, along said Southerly extension and said East line a distance of 90.00 feet; Thence departing said East line, South 89°45'50" East, along a line that is 120.00 feet North of, as measured at right angles to, the South line of said Section 32, a distance of 245.75 feet; Thence North 00°06'31" East, along a line that is 81.00 feet west of, as measured at right angles to the East line of said Section 32, a distance of 212.17 feet to the North line of a Parcel as Recorded in Official Record Book 3116, Page 1215, Public Records of Indian River County, Florida; Thence South 89°47'21" East, along said North line a distance of 56.00 feet to a point of the Westerly Right of way line of 58th Avenue (Kings Highway) Thence South 00006'31" West, along. said Right of way line (said line being 25.00 feet West of as measured at right angles to the East line of Said Section 32) a distance of 302.19 feet to the Point of Beginning: Containing 39,039 Square Feet, (0.90 acres) more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No. 1824, Dated April 12, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in Its entirety consisting of 2 sheets, with, sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. AtitNL:T: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./£NG/NEER/NG 0/1! NIA ...,. 1 Or 2 OB N0: Sketch and Lega/Description fora INDIAN RIVER COUNTY (589626th Street) EXHIBIT "A" 3).The bearings shown hereon are Referenced to the South line of Section 32, Township 32 South, Range 39 East said line bears North 89°4650" West and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS Certification WATER CONTROL DISTRICT L = LENGTH OF ARC (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL LLC = LIMITED LIABILITY COMPANY RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT 1 HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY P.B. = PLAT BOOK SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PBS = PLAT BOOK ST. LUCIE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY,KNOWLEDGE AND PGE =PAGE BELIEF. "' w P.I.D. = PARCEL IDENTIFICATION NUMBER �' f FURTHER CERTIFY THAT THIS SKETCH AND DESCRf°TtOyl 1uI6ETS. FiE;ST414DARDS OF A =DELTA ANGLE SQ. FT. = SQUARE FEET PRACTICE FOR SURVEYS SET FORTH BY THE FLOR (6A PROFESSI+; tWcL'8OARD OF R = RANGE SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORICA ADMINISTRATi�!E CODE, RNV = RIGHT-OF-WAY PURSUANT TO SECTION 472.027 FLORIDA STATE STA TFS' T =TOWNSHIP -� i„ - '.. Af i0-- Z3— `�91F3 r T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND DATE OF SIGNATURE DAVID M.=SILON TRS =TRUSTEES PROVIDEO IN ITS ENTIRETY CONSISTING OF 2 SHEETS PRQFE5516NAL6UFtVE4bh' ANDbtAP.PER WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION FLORIDA CF-RTIFICATE.NO "6139 AtitNL:T: INDIAN RIVER COUNTY, FL PUBLIC WORKS DEPT./£NG/NEER/NG 0/1! NIA ...,. 1 Or 2 OB N0: Sketch and Lega/Description fora INDIAN RIVER COUNTY (589626th Street) EXHIBIT "A" Sketch and L egal Description for. INDIAN R/ VER COL11VTY S89.47'2t"E I 56.00' I a a � a. m NOT TO SCALE a N z°:z 04 � N Wa o_ I F� Cm C 1 O z n sv INDIAN RIVER COUNTY W j cn rx M O m , co z P.I.D. No. cm) 32-39-32-00001-0160-00007.0 tD }� -, tr1g m (� 5516 26th STREET 4 0 _. y 0 PER O.R.B. 3116. PO 1215 O s I Z ad �o c �� I3 a w lw w N I 3 o w S89'45'50"E — 245.75' I X az- 0I 0 A 25' _ 60_' _ z _ 9.39 .SQ. FL R/w O.R.B 1125, PG 1290 0 90 Acres*) - 6t r w O R VATI D No406 • Qf Z5 N 1 0/ T OF N Do 1BEGINN/N �' � 1 A N O n c O � SOUTHEAST CORNER 16, N89'45'50"W —'301.75'1 ` TRACT 2, PAGE c : PBS '25 N00'06'31"E : f 26th STREET tNALKER A VENUE t _ _ " 30.00' 2 33 SOUTH UNE OF SECTION 32 & SOUTH UNE OF TRACT 16 POINT OF44 N89'4550'W ' COMMENCEMENT 5 4 I.R.F. W. C.D SUB—LA 1F"RAL A-3 CANAL SOUTHEAST CORNER COM&R (30' CANAL Rj1V) _ _ SECTION 32-L391R39E ------------- 60' 60' Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT'BOOKST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.B. = OFFICIAL RECORD BOOK RNV = RIGHT-OF-WAY (P) = PLAT T= TOWNSHIP P.B. = PLAT BOOK T.I.LF. = TRUSTEES OF THE INTERNAL PROVIDED IN ITS ENTIRETY CONSISTING OF SHEETS PGE = PAGE IMPROVEMENT FUND VATH SHEET 2 BEING THE SKETCH OF DESCRIPTION P.I.D.= PARCEL IDENTIFICATION NUMBER TRS =TRUSTEES AGENCY: INDIAN RIVER COUNTY, FL Pl , ouc WORKS DEPT./£NG/N££R/NG DlSketch and Legal Description DATE: DRAWN BY: 10/22/18 R. INOL£TT for - SCALE: N/A APPROVED BY: 0. SIL ON INDIAN RIVER COUNTY SHEET:. 2 OF 2 OB N0: 1824 (58f626t17 Street 20S 1 Sketch and L &gal Description for. INDIAN R, Legal Description (Remainder Parcel )- A portion of those lands described in Official Records Book 3116, Page 1215; being more particularly described as follows: The South One-half of the South One-half of the East 10 acres of Tract 16, Section 32,_ Township 32 South, Range 39 East, as shown on the Last General Plat of the Lands of'the Indian River Farms Company; as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida: said lands now lying and being in Indian River County, Florida. Less: the North 90 feet of the South 120 feet of the West 245,75 feet and the West 56 feet of the East 81 feet thereof. Containing 52,126 Square Feet, (1.20 Acres) More or Less Surveyor`s Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No. 1824, Dated April 12, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County),Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. 3).The bearings shown hereon are Referenced to the South line of Section 32, Township 32 South, Range 39 East said line Bears North 89°45`50" West and all others are relative thereto. Legend and Abbreviations I.R.F.W.C.D. = INDIAN-RfVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.R. = PLAT BOOK PBS = PLAT BOOK ST. LUCIE PG. = PAGE P.I.D. = PARCEL IDENTIFICATION NUMBER A =DELTA ANGLE. SQ. FT. = SQUARE FEET R - RANGE RAN = RIGHT-OF-WAY T =TOWNSHIP T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT'FUND TRS =TRUSTI=ES AULNGY: INA9/AN PURLIC WORKS IOIJI118 E: NIA 7: 1 OF 2 Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) I HEREBY CERTIFY THAT THE.SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF,t IYY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTIOrf"t ` PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROF�E SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052. FLQRID�, �' PURSUANT TO SECTION 472.027 FLORIDA STATE STA TES ' 10-s!- Z1{(3 DATE OF SIGNATURE PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH.SHEET 2 BEING THE SKETCH OF DESCRIPTION -IE "STANDARDS OF %L&ARD OF - TRATiA�1CODE,'_ AiVD 1 RIMER COUNTY, FL DEPTImol ££R/No oly.. Sketch and Le /Description DRAWN BY: C— — R. /NGL£TT APPROVED BY: INDIAN R/VER COUNTY O. SIL ON IOB NO: (58A62&17 Street EXHIBIT "B" 245.75' NORTH UNE Of THE SOUTH 1 2 OF THE SOUTH 1 OFTHE EAST 10ACACRREESSOOF TRACT 16, LIN OF PWE-M�EO AF R�f B/3 AGE 9 E �ND WEST UNE Of THE EAST 10ACRES 1RACT 16 SECTION 32, PER ST. LUgE COUNTY gyp/ PLAT BOOK 2, PAGE 25/ O _N N INDIAN IVE COUNTY ; 32 -39 -5816026th NSTREET 0007.0 '--Io � 10 a to ri /BEING P1/1[1Ti- -V ^ ! - 14 4 O -- - NOT TO SCALE 1 i S89'47'21"E O R 8 11 } j ------ 56.00' of .F. RESERVATION DEED No 408 �i mi T 33 �w -4 D Zp "; j p POINT OF Do N 0 BEGINNING EAST 81' � � y 1 4 (30' CANAL R/W) Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE ALC A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. O vz R = RANGE O.R.B. = OFFICIAL RECORD BOOK RIW O O A� o T = TOWNSHIP P.B. = PLAT BOOK T.I.I.F: W o IMPROVEMENT FUND WITH SHEET BEING THE SKETCH OF DESCRIPTION P.I.D. = PARCEL IDENTIFICATION NUMBER TRS �� AGENCY: INDIA IV R/VER COUNTY, FL OZ PUBLIC WORKS DEPT./£NOINEERINO, DIY. Sketch and L ega/ Description m � d A o C3 z m N z �v � C ►�, �� m V m O 0 1 I W m^' a 0n N z m I WEST 56' I NOT TO SCALE 1 i �R/W O R 8 11 NOT INCLUDED ` i � � i EAST 81_ ------ N00'06'31"E i 30.00' of .F. RESERVATION DEED No 408 �i mi T 33 �w -4 D Zp "; j p POINT OF Do N 0 BEGINNING U � � � y r OF WAY LINE 4 (30' CANAL R/W) t N89.45'50"W -; 301.75' 26th STREET (WALKER A MNUEJ 1 N00'06'31"E i 30.00' 2 33 SOUTH UNE OF SECTION. 32 & SOUTH UNE OF TRACT 16 N88'45'S0'W SOUTHEAST CORNER -g I.RF. W.OZA SUB -LATERAL A-3 CANAL TRACT E 25 PBS Z PAG '* 4 (30' CANAL R/W) Legend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS PBS = PLAT BOOK ST. LUCIE WATER CONTROL DISTRICT A =DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.B. = OFFICIAL RECORD BOOK RIW = RIGHT-OF-WAY (P) - PLAT T = TOWNSHIP P.B. = PLAT BOOK T.I.I.F: = TRUSTEES OF THE INTERNAL PROVIDED IN ITS ENTIRETY CONSISTING OF SHEETS PG. = PAGE IMPROVEMENT FUND WITH SHEET BEING THE SKETCH OF DESCRIPTION P.I.D. = PARCEL IDENTIFICATION NUMBER TRS =TRUSTEES AGENCY: INDIA IV R/VER COUNTY, FL PUBLIC WORKS DEPT./£NOINEERINO, DIY. Sketch and L ega/ Description DRAWN BY: 10/31/18 R. INGLETT for N/A APPROVED BY�D.SIL ON INDIAN RIVER COUNTY • 2. OF 2 OB N0: 1824 (581626t17 Street) lin RESOLUTION NO. 2018- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR RIGHT-OF- WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL (LOT 22 OF PINE-METTO PARK, RECORDED IN PLAT BOOK 3, PAGE 87, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA). WHEREAS, on September 18, 2018 Indian River County purchased Lot 22, of Pine-Metto Park from Fay Knight Coffman a/k/a Dolores F. Coffman, joined by her husband Rodger D. Coffman for future road expansion of 26th Street; said conveyance was recorded in Book 3150 at Page 1758 of the Public Records of Indian River County, Florida; and WHEREAS, the intent of the County is to now earmark by a formal document that portion of the property for right-of-way so that the remainder can be re -sold and put back on the tax rolls; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit "A"; and WHEREAS, a sketch and legal description have been prepared for the remainder property and are attached hereto as Exhibit "B"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way identified in the attached Exhibit "A" so that the Indian River County Property Appraiser can earmark the property as 1 211 RESOLUTION NO. 2018 - right -of -way on the appropriate maps, as well as cut out the designated right-of- way from the parent parcel, thus alleviating any potential boundary issues that may surface in the future with respect to the re -selling of the remainder property identified in the attached Exhibit "B", NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS -OF INDIAN RIVER COUNTY, FLORIDA that: 1. The portion of property as described and depicted on the attached Exhibit 'A" is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County Property Appraiser is instructed to cut out the designated right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the - motion was seconded by Commissioner , and, upon being .put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 212 RESOLUTION NO. 2018 - The Chairman thereupon declared the resolution duly passed and adopted this day of , 2018. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk APPROVED AS TO FORM AND - GAL UFF1 IE BY WILLIAM K. DESRAAL DEPUTY COUNTY ATTORNEY 3 213 Sketch and Lega/Description forINDIANRIPST COUNTY Legal Description (Right-of-way Acquisition) Being the North 30.00 feet of the South 35.00 feet of Lot 22, Plat of Pine-Metto Park, according to the Plat thereof, as Recorded in Plat Book 3, Page 87, of the Public Records of Indian River County, Florida. Containing 4050 Square Feet, (0.09acres) more or less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No. 1824, Dated April 12, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets ,. with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signedandsealed with an embossed surveyor's seal. Leqend and Abbreviations I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE =PAGE PBS = PLAT BOOK ST. LUCIE P.I.D. =PARCEL IDENTIFICATION NUMBER A = DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T =TOWNSHIP T.I.I.F. = TRUSTEES OF THE INTERNAL IMPROVEMENT FUND TRS =TRUSTEES PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) 1 HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER -MY DIRECTIORAND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 FURTHER CERTIFY THAT THIS SKETCH AND DESCRIFTldki( � tir STANf7ARbS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFFSb;IUNALsbQXRD OF SURVEYORS AND MAPPERS IN CHAPTER 5,1 7.652. FLORIDA ADMINISTRATIVE CODE, PURSUANTTO SECTION 472.027 FLORIDA STATE STA at . DATE OF SIGNATURE DAdtOe_Ni. SILQtI�' PROFEESSiONAL SURVEYOR AND, APPER AGENCY: IND/AN RIVER COZINTY, FL PuBve WORKS a£PT./£No/N££RINo olv. SA -etc% ar7d Leel DeScription DATE: DRAWN BY: fo— 10122/18 R. /NOLD7 SCALE: NIA APPROVED BY: ASIL ON INDIAN RIVER COUNTY SHEET: > OF 2 OB NO: 18¢0 (583626t17 Street) 11 A EXHIBIT "A" Sketch and Lega/Description for INDIANRIVER COUNTY . PINE—METTO PARK I.R:F.W.C.D. = INDIAN RIVER FARMS P.I.D. = PARCEL IDENTIFICATION NUMBER WATER CONTROL DISTRICT A = DELTA ANGLE L = LENGTH OF ARC P. B. 3 PC 87 = SQUARE FEET NOT TO SCALE LLC - LIMITED LIABILITY COMPANY LOT 21 = RANGE O.R.B. =OFFICIAL RECORD BOOK — LOT 2 = RIGHT-OF-WAY (P) =PLAT T =TOWNSHIP P.B. = PLAT BOOK T.O.F. = TRUSTEES OF THE INTERNAL PGE = PAGE IMPROVEMENT FUND 135.0'(P) = PLAT BOOK ST, LUCIE TRS =TRUSTEES J10' DRAINAGE & UTILITY O EASEMENT PER PLAT Q pM Oaf Oto I N O a oa. Q ti o 0 0. u ( a PINE—METTO PARK < DW w o LU to z NooN Iv P.B. 3, PC 87 d a O Wo�z m mo_0D? -' 4J All I�110 ..� o _ m �s.b c i. INDIAN RIVER COUNTY Z to ZF= V) 70 P.I.D. NO.. m o o n -------- ------- o I (ROAD R/W) 32-39-32-00007-0000-00022.0 -0 °'o c roi a O.R.B: 3150. PG. 1758 I z C4 LOT 22 o 0 RIGHT OF WAY UNE 135.0'(P)� 3 rn; 26th STREET b; 0 0F5. a (WALKER A I/ENUE) ' ~ PAROL No. 110 ; O.R.B. 1093, PG. 913 i SOUTH UNE OF SECTION 32 & SOUTH UNE OF TRACT 16 SUB -LATERAL A-3 CANAL (30' CANAL RIW) AGENCY: INMAN RIDER COUNTY, FL PUBIC WORKS DEPT1-MOIN£ERINO 01Y. 10/22/18 A 2 OF 2 �OB N0: Sketch and Legal Description for, - INDIAN RIVER COUNTY (583626th Street) Legend and Abbreviaflons I.R:F.W.C.D. = INDIAN RIVER FARMS P.I.D. = PARCEL IDENTIFICATION NUMBER WATER CONTROL DISTRICT A = DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET NOT TO SCALE LLC - LIMITED LIABILITY COMPANY R = RANGE O.R.B. =OFFICIAL RECORD BOOK R/W = RIGHT-OF-WAY (P) =PLAT T =TOWNSHIP P.B. = PLAT BOOK T.O.F. = TRUSTEES OF THE INTERNAL PGE = PAGE IMPROVEMENT FUND PROVIDID IN IT$ ENTIRETY CONSISTING of z SHEETS PBS = PLAT BOOK ST, LUCIE TRS =TRUSTEES AGENCY: INMAN RIDER COUNTY, FL PUBIC WORKS DEPT1-MOIN£ERINO 01Y. 10/22/18 A 2 OF 2 �OB N0: Sketch and Legal Description for, - INDIAN RIVER COUNTY (583626th Street) Sketch and L egal Description for. INDIAN RIVER /ER COUNTY Legal Description (Remainder Parcel) Being Lot 22, according to the Plat of Pine-Metto Park, as Recorded In Plat Book 3, Page 87, of the Public Records of Indian River County, Florida. Less and Except the South 35 feet thereof. Containing 18,900 Square Feet, (0.43 Acres) More or Less Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Boundary Survey prepared by Indian River County Public Works Department, Job No. 1.824, Dated April 12, 2018. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: (a) Provided in its entirety consisting of 2 sheets, With sheet 2. showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyor's seal. .Legend and Abbreviations = SQUARE FEET LR.F.W.C.D. = INDIAN RIVER FARMS R =RANGE WATER CONTROL DISTRICT R1W L = LENGTH OF ARC Certification LLC = LIMITED LIABILITY COMPANY (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL O.R.B. = OFFICIAL RECORD BOOK RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) (P) = PLAT TRS P.B. = PLAT BOOK I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY PGE = PAGE SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID PBS = PLAT BOOK ST. LUCIE SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNQ.WLEDGE AND P.I.D. =PARCEL IDENTIFICATION NUMBER BELIEF. - o = DELTA ANGLE SQ. FT. = SQUARE FEET I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPT.i'ON fu1EETS%HP STvAROS OF R =RANGE PRACTICE FOR SURVEYS SET FORTH BY THE FLORID4� ROFESSIt�Mfl '3!J.4Rt�'OF "- R1W = RIGHT-OF-WAY SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDR - M -IN- iSTRATiVE S'ODE, _ T = TOWNSHIP PURSUANT TO SECTION 472.027 FLORIDA STATE STA TES > T.I.I.F. = TRUSTEES OF THE INTERNAL 1 „ K f 0 31 'C...f% I IMPROVEMENT FUND ? TRS =TRUSTEES DATE OF SIGNATURE- = pAVi ,M, SILON_, PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION AGENCY: IN 0/ N RIVET' COUNTY, FL PUBLIC WORKS DEPT./ENGINEERING D/ti nnrc. I nDAWKI DV. 10/30/18 — v � � R. /NOLE'TT SCALE: APPROVED BY: NIA D. SIL ON SHEET: JOB NO: 1 OF 2 1840 Sketch and L e9'41I Description fort INDIAN RIVER COUNTY (583626th Stneet� EXHIBIT "B" Sketch and Legg/Description for. INDIAN RIVER COUNTY PINE—METTO PARK LOT 21 I P.B. 3, PG 87 LOT 2 k, FBI 135.0'(P) J10 DRAINAGE & UTILITY O EASEMENT PER PLAT oM v o z o LOT 22 m W - Q .oa. U.)000 = PARCEL IDENTIFICATION NUMBER a: Z •� Q.l :ztd�n60L.LON C) Q' I �d0 m J LV O = SQUARE FEET I = LIMITED LIABILITY COMPANY R = RANGE 0)LuM a. RIGHT OF WAY LINE 1 N M PINE—METTO PARK `' o I Z M t,, v_ "V v g P.B. 3, PG 87 o 'moi. rx INDIAN RIVER COUNTY I Z ----------------- 70'P.I.D. No. - a o (ROAD R/W) 32-39-32-00007-0000-00022.0 -Do 0 c O.R.B. 3150, PG. 1758 I Z 18,900 Sq Ft j tr (0.43 ACRESt) / cn o NOT TO SCALE PROVIDED IN ITS Leaend and Abbreviations LR.F.W.C.D. = INDIAN RIVER FARMS P.I.D. = PARCEL IDENTIFICATION NUMBER t + 1u = DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LESS AND EXCEPT = LIMITED LIABILITY COMPANY R = RANGE O.R.B. RIGHT OF WAY LINE RIW RIGHT OF WAY LINE i 10 T = TOWNSHIP P.B. = PLAT BOOK 135.0'(P) = TRUSTEES OF THE INTERNAL PGE 26th STREET ' 3 o 5.Vg PARCEL No. 110 , ,Fj (WALKER A Vf_NUE) tO tr O.R.B. 1093, PG. 913 i a U) SOUTH UNE OF SECTION 32 & SOUTH LINE OF TRACT 16 /. R. F. W. C. D. SUB -LA TERAL A-3 CANAL (30' CANAL RAV) NOT TO SCALE PROVIDED IN ITS Leaend and Abbreviations LR.F.W.C.D. = INDIAN RIVER FARMS P.I.D. = PARCEL IDENTIFICATION NUMBER WATER CONTROL DISTRICT A = DELTA ANGLE L = LENGTH OF ARC SQ. FT. = SQUARE FEET LLC = LIMITED LIABILITY COMPANY R = RANGE O.R.B. = OFFICIAL RECORD BOOK RIW = RIGHT-OF-WAY (P) = PLAT T = TOWNSHIP P.B. = PLAT BOOK T.I.I.F. = TRUSTEES OF THE INTERNAL PGE = PAGE IMPROVEMENT FUND OF 2 SHEETS PBS = PLAT BOOK ST. LUCIE TRS = TRUSTEES Apt"`;T/ND/,4N R/yj- COUNTY, FL PUBLIC WORKS DEPT./ENG/.NEER/NG DIY. DATE: 10DRAWN BY: /30/18 R_ 1AIMP77 A SHEET: 2 OF 2 NOB NO: Sketch and Legal Description for INDIAN RIVER COUNTY (583626th Stmeet) CONSENT AGENDA INDIAN RIVER COUNTY u k INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: November 14, 2018 SUBJECT: Indian River County Subaward and Grant Agreement for Hurricane Irma FROM: Kristin Daniels Director, Management & Budget BACKGROUND: On September 10th 2017, Hurricane Irma made landfall in Florida and impacted Indian River County causing approximately $8 million in expenditures. In order to receive Federal Emergency Management Agency (FEMA) reimbursement, Indian River County is required to sign the Federally -Funded Subaward and Grant Agreement. The agreement is standard for all recipients and includes eleven attachments. After reviewing the agreement, Indian River County has requested an amendment pertaining to sections regarding the Buy America Act, the Copeland Anti -Kickback clause, and the Florida Department of Emergency Management's (FDEM) procurement review. Because the County is a non-federal entity, it is not required to adhere to either the Buy America Act or the Copeland Anti=Kickback clause, and thus the amendment removes those requirements. The amendment also amends the language regarding FDEM' S requirement to review contracts for work performed prior to execution, as the County has already entered into numerous contracts at this time. The requirement does however still apply to any contracts the County may enter into in the future. Upon execution of the agreement and subsequent award of funds, the County will be required to complete contract modifications for each individual project prior to funds being disbursed. These contract modifications essentially revise the total amount of federal funding as each project is awarded. STAFF RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to execute the agreement and all other documents necessary to effectuate the agreement and authorize the County Administrator to sign any additional modifications. ATTACHMENTS: Federally -Funded Subaward and Grant Agreement Addendum to Federally -Funded Subaward and Grant Agreement 218 E Contract Number: Z0395 FEDERALLY -FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity" means "a non -Federal entity that provides a subaward to a Sub -Recipient to carry out part of a Federal program." As defined by 2 C.F.R. §200.93, "Sub -Recipient" means "a non -Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non -Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means "an award provided by a pass-through entity to a Sub - Recipient for the Sub -Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub -Recipient's name: Sub -Recipient's PA ID/FIPS Number.: Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date (Cat A -B): Subaward Period of Performance Start and End Date (Cat C -G): Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: Federal award project description (see FFATA) Name of Federal awarding agency: Indian River County 061-99061-00 07-920-8989 9/10/2017 9/04/2017 - 3/10/2018 9/04/2017 - 3/10/2019 $2,643.75 $2,643.75 $2,643.75 Grant to Local Government for debris removal, emergency protective measures and repair or replacement of disaster damaged facilities Dept. of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) 219 2 Name of pass-through entity: Florida Division of Emergency Management (FDEM) Contact information for the pass-through entity: 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance (CFDA) Number and Name: 97.036 Public Assistance Whether the award is Research & Development: N/A Indirect cost rate for the Federal award: See by 44 C.F.R. 207.5(b)(4) 220 K7 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and, Indian River County (hereinafter referred to as the "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE; the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Sub -Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub - Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. 221 4 vi. A provision specifying that any funds paid in excess of the amount to which the Sub -Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. As part of his/her duties, the Grant Manager for the Division shall: payment. i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests b. The Division's Grant Manager for this Agreement is: 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399-2100 Telephone: Email: c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: Jason E. Brown, County Administrator 1801 27th Street Vero—Beach, FL 32960 Telephone:772-226-1408 Email:jbrown@ircgov.com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub -Recipient's responsibility to authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users. 222 5 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this agreement must be executed incorporating the Project as identified by number, budget, and scope of work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for the Project. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Project List — Attachment A and Scope of Work, Deliverables and Financial Consequences — Attachment B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end six (6) months from the date of declaration for Emergency Work (Categories A & B) or eighteen (18) months from the date of declaration for Permanent Work (Categories C -G), unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. §200.77, the term "period of agreement" refers to the time during which the Sub -Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. §200.309, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING a. This is a cost -reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement ("Budget and Project List"). The maximum federal reimbursement amount for the entirety of this Agreement is $2,643.75. 223 0 d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash, receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub -Recipient in FloridaPA.org against a performance measure, outlined in Attachment B, Scope of Work, Deliverables, and Financial Consequences, that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971 (1 )(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. §200.76 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub -Recipient "relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services") and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If authorized by the Federal Awarding Agency, and if the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient - employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: awards; and, i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal 224 7 iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non -Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency, then the Division will reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for.dinner), then the Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, Participation of the individual in the travel is necessary to the Federal award. L The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub -Recipient. j. As defined by 2 C.F.R. §200.53, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Sub -Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. 225 E The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes) and by 2 C.F.R. §200.333, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five (5) years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5) year requirement: If any litigation, claim, or audit is started before the expiration of the 5 -year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. When the Division or the Sub -Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity, the 5 -year retention requirement is not applicable to the Sub -Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non -Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. 226 we f. As required by 2 C.F.R. §200.303, the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division, designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements 227 10 and objectives of the Budget and Project List — Attachment A, Scope of Work — Attachment B, and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub -Recipient of such non- compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(h), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard 228 11 Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmi h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The closeout report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with. the Budget and Project List — Attachment A, and Scope of Work — Attachment B. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment G — Public Assistance Program Guidance. (13)MONITORING. a. The Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A 229 12 review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768:28(19), Florida Statutes, any Sub -Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur ("Events of Default'), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub - Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; 230 13 b. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Sub -Recipient and upon the Sub -Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. .Terminate this Agreement, provided that the Sub -Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (3) herein; Agreement; b. Begin an appropriate legal or equitable action to enforce performance of this c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub -Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: Request additional information from the Sub -Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount, of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub -Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub -Recipient. (17)TERMINATION. 231 14 a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub -Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub -Recipient with thirty (30) calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub -Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub -Recipient will cancel as, many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub -Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT a. The Sub -Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(b), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(1), the Sub -Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Sub - Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the 232 15 solicitation and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub - Recipient. While the Sub -Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: paragraph (17) above; and, solicitation. Terminate this Agreement in accordance with the provisions outlined in Refuse to reimburse the Sub -Recipient for any costs associated with that e. Except for procurements by micro -purchases pursuant to 2 C.F.R. §200.320(a) or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub -Recipient within three (3) business days. Consistent with 2 C.F.R. §200.324, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub -Recipient. While the Sub -Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub -Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Sub -Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, 233 subcontract. 16 ii. Refuse to reimburse the Sub -Recipient for any costs associated with that, f. The Sub -Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub -Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1), the Sub -Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: business; companies; contracts; equivalent; L Place unreasonable requirements on firms in order for them to qualify to do ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated iv. Execute noncompetitive contracts to consultants that are on retainer V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. L "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub -Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. §200.320(c) as well as section 287.057(1)(a), Florida Statutes. 234 17 k. The Sub -Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d) as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub -Recipient shall provide a writtenstatement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. §200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 - Funding Sources ii. Attachment A — Budget and Project List iii. Attachment B — Scope of Work, Deliverables, and Financial Consequences iv. Attachment C — Certification Regarding Debarment V. Attachment D — Designation of Authority vi. Attachment E — Statement of Assurances vii. Attachment F — Election to Participate in PA Alternative Procedures (PAAP) viii. Attachment G — Public Assistance Program Guidance ix. Attachment H — FFATA Reporting X. Attachment I — Mandatory Contract Provisions xi. Attachment J — DHS OIG Audit Issues and Acknowledgement xii. Attachment K — Justification of Advance Payment (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R: §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account unless otherwise governed by program specific waiver. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K — Justification of Advance Payment. The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety (90) days of the contract term must be returned to the Division Cashier within (30) days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has 235 18 been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub -Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial. Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this agreement, subject to the exhaustion of appeals, are due no later than thirty (30) days from notification by the Division of funds due. FEMA only allows thirty (30) days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center (FFC) for collection. b. As a condition of funding under this Agreement, the Sub -Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub -Recipient from any disbursement to the Recipient, by FEMA or any other source, upon determination by the Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Sub -Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. c. The Sub -Recipient understands and agrees that the Recipient may offset funds due and payable to the Sub -Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub -Recipient via the entry of notes in FloridaPA.org. d. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 e. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub -Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS 236 iLel a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub -Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub -Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub -Recipient which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have hot, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 237 K17 iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (22) f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub -Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for the Sub -Recipient agency and each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub - Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub -Recipient created or received under this Agreement. j. If the Sub -Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. k. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Sub -Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION activities. a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." 238 21 c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub -Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. 239 22 b. If any discovery or invention is developed in the course of or as.a result of work or services performed under this Agreement, or in any way connected with it, the Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books; manuals, films, or other copyrightable material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub -Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all.rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: 240 23 i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and.will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of 241 24 enforcing such provisions, including sanctions for noncompliance: provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause:, i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 242 25 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)SUSPENSION AND DEBARMENT Per 2 C.F.R. 200.213 Suspension and debarment, non -Federal entities are subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549. and 12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 243 Q-1 ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. §200.321, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 244 27 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v. of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub -Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). (33)ASSURANCES. The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment E. 245 After coordinating with county staff, the applicant filed the subject request to amend county mining regulations. If adopted, the proposed amendment will modify the time frames for exporting excess fill from large scale development projects (projects over 350 acres) and allow extending the time frame (number of years allowed to operate) for approved large volume mining operations that are in compliance with County and jurisdictional agency requirements. In that manner, a "balance of fairness" will be maintained between the amount of fill export time allowed for large construction projects and large full-time mining operations. PZC ACTION At its October 11, 2018 meeting, the PZC conducted a public hearing and considered the proposed ordinance. The PZC voted 5-0 to recommend that the BCC adopt the proposed ordinance (see attachment #3). The BCC is now to conduct a public hearing, consider the proposed ordinance, and approve, approve with modifications, or deny the proposed ordinance. ANALYSIS Incidental to Construction Excavation & Exporting Most development projects are net importers of fill, however a few projects end up being net exporters of excess fill based on a variety of factors including project design and site conditions. When the mining and excavation ordinance was revised in 1990, the code was modified to limit the manner and time frame afforded development projects to export excess fill based on the size of the project and volume of excess fill to be removed. The intent of having time limits on export activity is to keep full time mining operations from masquerading as development projects and operating full-time on non- agricultural land where mines are not allowed. Consequently, it is logical to set limits on incidental to construction off-site fill hauling activity. Under the current LDRs, the Waterway Village development is limited to a continuous 18 month window for every 350 acres, resulting in a total of two 18 month periods since the development is slightly over 700 gross acres. Both continuous 18 month periods have been used while the applicant has substantially more land development work to do that will generate excess fill. Initially, the developer anticipated that two 18 month windows would work to export the excess fill generated. Those two windows of opportunity have not been sufficient, however, due to a variety of factors which include: doing smaller phases and increments of development than originally anticipated, developing slower than anticipated, and having fewer sites to receive the fill than anticipated. Staff acknowledges that any large-scale project in Indian River County would probably take a long time (15-20 years) to build -out and would involve many phases of excavation and site work over a period of many years. Even redesigning to have fewer lakes than originally planned, the Waterway Village project is generating more fill than initially estimated. As proposed, the LDR criteria will more evenly match the build -out process and pace the applicant (as well as other large new projects) has actually used in developing the project. The proposed amendment will allow excess fill material to be exported from each phase of the project within a window not to exceed 12 months and will tie export activity to an active land development permit authorizing site work for any given development phase. 323 C:\Users\legistar\AppData\Loca]\Temp\BCL Technologies\easyPDF 8\@BCL@200D8479\@BCL@200D8479.doc 2 • Full-time Mining Operations Although substantive changes to local mining permit regulations were made in 2008, the time frames for full-time mining operations have not been reviewed or analyzed since the early 1990's. Since that time, the size and excavation/removal volume of local mining operations have generally increased. Local mines continue to supply general fill, various grades of sand, marl, coquina, lime rock, and to a small extent rock and require an increased amount of operating years compared to operations during the 1980s and 1990s. Under current regulations, the length of time a mine can be approved is tied to the volume of material to be removed. Currently, the maximum time frame allowed is 10 years for mining volumes approved for removing more than 500,000 cubic yards of fill. This time frame reflected typical mining operations at the time the table was adopted in the early 1990s, which usually consisted of a mine on a 40 acre parcel which would have a typical life cycle of 10 years or less. Due to the economies of scale, equipment types, mobilization, and mining methods, mining projects since the 1980s and 1990s have grown larger in size with corresponding increases in volume of material to be removed. The proposed amendment appropriately provides longer operational time frames for larger volume mines, as shown below. Less than 10,000 cubic yards 1 year 10,000-99,999 cubic yards 2 years 100,000-500,000 cubic yards 5 years 9var 500,000 –1,000,000 cubic yards 10 years 1,000,000 – 2,000,000 cubic yards 15 years Over 2,000,000 cubic yards 20 years Note: Owners/operators of mining operations approved prior to adoption of the 15 year and 20 year time frames cited above may obtain a staff level approval to modify their mining operation time frames consistent with the time frames cited above, if the mining operation is in compliance with its County site plan approval, mining permit, and all jurisdictional agency permits related to the mining operation. The proposed time frames more accurately reflect the volumes of current mining operations. No changes are proposed for the current code allowance providing that time frames can be extended by the Board of County Commissioners (BCC) under certain circumstances such as economic downturns. Under the current code, if the time frame expires prior to completion of a mine, the operator would need to seek a new site plan approval for continuing the same operation. Under the proposed code amendments, a current mining operator's need for re-application would be a straight -forward staff -level approval for a mining operation being run "... incompliance with its County site plan approval, mining permit, and all jurisdictional agency permits relating to the mining operation". Thus, mining operations currently in compliance, as well as any applicant for a new mine, could take advantage of the extended time frames proposed (15 years or 20 years) and would have more certainty for setting -up a long term business plan. In conclusion, based on the analysis provided, staff supports the request to modify time frames for exporting excess fill from large scale development projects and adjusting the time frames for large scale mining operations., 324 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200D8479\@BCL@200D8479.doc RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance. ATTACHMENTS 1. Application 2. Proposed Ordinance 3. Excerpt from Unapproved 10-11-18 PZC Minutes 325 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@200D8479\@BCL@200D8479.doc ORDINANCE 2018 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 934, EXCAVATION AND MINING; BY AMENDING SECTION 934.04, SUB -SECTION (7), EXCAVATION INCIDENTIAL TO DEVELOPMENT PROJECTS; BY AMENDING SECTION 934.07(3), CONDITIONS OF THE MINING PERMIT; AND BY PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING PROVISIONS; INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 934, EXCAVATION AND MINING, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 934.04, "Exemption" by amending 934.04(7) "Excavation incidental to development projects"; as follows: (7) Excavation incidental to development projects. (a) Small-scale transfer of excess material. Excavation incidental to any authorized Indian River County development order or permit, excluding permits for individual single-family homes and single-family ponds on individual lots or parcels, including approved site plans, subdivision plats, final development plans and/or building permits, shall be exempt if no more than five thousand (5,000) cubic yards of excavated materials are transferred from the project site. Prior to transfer of material from the project site, the project developer shall apply for and obtain a temporary use permit (TUP) from the community development director or his designee for such transfer of material. The authorized transfer of material from a development project site to adjacent right-of-way shall be considered the same as transfer of material within the boundaries of the development project site. Transfer of material off site shall occur within a continuous period ("window") of time not to exceed two (2) months and be limited to the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday. This paragraph shall not be construed to exempt excavation activities resulting in the creation of a waterbody from satisfying the littoral zone and water management standards of subsection 934.06(1). (b) Medium -scale transfer of excess material. For excavation incidental to authorized site plans, subdivisions, or planned developments, excavation material transferred from the project site may exceed five thousand (5,000) cubic yards, provided that: 1. The extraction process and hauling of excavated materials from the project site is completed within a two (2) month continuous period of time beginning with the initial transfer of material off the development project site. The transfer of material off site shall not occur until a county land development permit has been issued, a land development permit waiver has been granted, StfAe'wweugh: Deleted Text from Existing Ordinance 326 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D8 I EDFC6\@BCL@D8 I EDFC6.docx ORDINANCE 2018 - or a site plan has been approved and released. Such extraction and hauling is limited to occurring between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday; 2. Water depth within a created waterbody (as applicable) shall not exceed twelve (12) feet; 3. The provisions of subsection 934.07(5), pertaining to the posting of compliance and restoration security, are satisfied; 4. The provisions of section 934.08, pertaining to the hauling of excavated materials on public and private roads and the posting of road maintenance security, are satisfied; 5. The provisions of subsection 934.06(1), pertaining to littoral zone and water management standards for created waterbodies, are satisfied; and 6. No dewatering occurs within one thousand (1,000) feet of any platted subdivision that is not serviced by public water; 7. The project developer applies for and obtains an administrative site plan approval for the transfer of material off site. (c) Large-scale transfer of excess material. Incidental to construction mining activity on projects, including project phases, over three hundred fifty (350) acres in size fnay shall be permitted f up too,. een (1 8) eefAiauetts nAhs f.,,m the date „r eemfneneefflepA of off site hattling of exeess material- in conjunction with each land development permit issued for the project or for separate phases or sub - phases of the project, if each of the following conditions is satisfied: • That the project developer applies for and obtains site plan approval for the transfer of material off-site. The site plan application submitted for approval shall provide sufficient information to demonstrate compliance with all applicable Chapter [subsection] 934.04(7)(b) standards set forth above. • That the quantity of excess fill produced by project construction and proposed to be hauled off site is the result of complying with water management or environmental requirements, or stormwater management improvements recommended by jurisdictional agencies. • That the quantity of excess fill to be hauled off site requires more than two (2) months of excavation and hauling activity, and that the applicant has demonstrated that the requested timeframe („p to 0:&ee "4` ee ftt:.., eus mepAhs) is necessary to haul the quantity of material involved. • That no fill is exported from the project site unless and until a land development permit is issued for the project and that permit specifies a She-t#rexghe Deleted Text from Existing Ordinance 322 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D8IEDFC6\@BCL@D8IEDFC6.docx ORDINANCE 2018 - timeframe for exporting excess fill off-site not to exceed a period of twelve (12) months from commencement of site work. SECTION #2: Amend LDR Section 934.07, "Mining permit and other regulations", by amending 934.07(3), "Conditions of the mining permit"), as follows: (3) Conditions of the mining permit. (a) Generally, the maximum project -site development phase for excavation pit activities shall not exceed twenty (20) acres. During transition from one phase to the next, two (2) phases may be active concurrently if security is posted for both phases in accordance with these mining regulations. No portion of a pit (lake) shall be required to be fully restored in accordance with the project's restoration plan until excavation of the entire pit (lake) has ceased. (b) No mining excavation shall occur within one hundred fifty (150) feet of a projected right-of-way line of any existing or proposed public road, nor within one hundred fifty (150) feet of the outer perimeter of the project property. Where a mining operation consists only of the removal of a mound and does not consist of lowering the elevation of ground below the neighboring property, an exception of the one hundred fifty (150) feet setback may be permitted at the time of site plan approval. In addition, the applicant shall satisfy the following: A three -hundred -foot setback from adjacent occupied structures (structures existing as of the date of site plan application for the mining project) to mining pits, on-site haul roads, and material stockpile areas. (c) All mining sites that exceed ten (10) acres in area shall be subject to the provisions of section 934.05, water management standards. Projects creating waterbodies must also provide a safety/security plan for the mining operation phase, including, but not limited to, fences and/or berms, access, control, and other security methods. (d) If the project site is of a size that falls below St. Johns River Water Management District permitting thresholds and is located (in whole or part) on the Atlantic coastal sand ridge, no excavation governed by a mining permit shall result in an average elevation of less than twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on the sand ridge. Mining project sites that are large enough to fall within Saint Johns River Water Management District (SJRWMD) permitting requirements shall conform to SJRWMD permitting requirements concerning depth of mining and all other applicable SJRWMD permitting requirements. (e) If the project site is adjacent to a residential district or to an agriculturally -zoned parcel of ten (10) acres or less, the perimeter of the site adjacent to such an area shall include a fifty -foot wide bufferyard and a type "A" buffer or its equivalent along said site boundary. Deleted Text from Existing Ordinance 328 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D8IEDFC6\@BCL@D8IEDFC6.docx ORDINANCE 2018- (f) No crusher, mixing plant, bin, tank, or structure directly involved in the production process shall be located less than: 1. Six hundred (600) feet to any adjacent property zoned residential, or 2. Six hundred (600) feet or twenty-five (25) percent of the project site width, whichever is less, to any adjacent property not zoned residential. In no case shall the setback to property not zoned residential be less than 250 feet. (g) No explosives or active chemical agents shall be used to extract or process materials on site. (h) The community development department shall issue a mining permit upon site plan and administrative permit approval, and a determination that all site plan release and applicable Chapter 934 requirements are satisfied for permit issuance. (i) Nothing herein shall be construed as a requirement that an operator of an existing sand mine shall cease operations until a mining site plan has been approved, provided a mining site plan has been previously approved and maintained. (j) Specific mining activity timeframes, from the date of initial mining permit issuance, are established based upon the estimated quantity of material to be removed. Excavation, hauling, or other mining activities occurring beyond these timeframes, (along with any approved extension requests) are prohibited unless extended by the board of county commissioners as provided below: Less than 10,000 cubic yards 1 year 10,000-99,999 cubic yards 2 years 100,000500,000 cubic yards 5 years fiver 500,000 –1,000,000 cubic yards 10 years 1,000,000 – 2,000,000 cubic yards 15 years Over 2,000,000 cubic yards 20 years Note: Owners/operators of mining operations approved prior to adoption of the 15 year and 20 year time frames cited above may obtain a staff level approval to modify their mining operation time frames consistent with the time frames cited above, if the mining operation is in compliance with its County site plan approval, mining permit, and all jurisdictional agency permits related to the mining operation. These timeframes may be extended by the board of county commissioners upon an applicant's request made prior to the normal timeframe expiration. The board may grant an extension if it determines that the mining operation has been inactive for a period of time due to market conditions such as an economic recession. The board shall not extend the initial timeframe by a period of time greater than the determined period of inactivity. Strike t yeugh• Deleted Text from Existing Ordinance 32 4 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D8IEDFC6\@BCL@D8IEDFC6.docx ORDINANCE 2018- (k) The mining site shall be restored in accordance with the approved restoration plan. Within five (5) months of the end of the approved timeframe (including any extension), the operator shall submit to the county a written notice stating that the mine is inactive and has been restored. Such notice shall be accompanied by two (2) signed and sealed as -built surveys of the site demonstrating substantial conformance with the approved project restoration plan. Restoration work shall then be inspected for compliance with the approved project restoration plan by county staff within six (6) months of the end of the approved timeframe (including any extension) for the mining operation. None of the security posted with the county in accordance with these mining regulations shall be returned unless and until the requirements of this subsection "(k)" are satisfied. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Peter D. O'Bryan Commissioner Bob Solari Deleted Text from Existing Ordinance 330 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D8 I EDFC6\@BCL@D8 I EDFC6.docx ORDINANCE 2018 - Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller WM Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director 844Ee threughi. Deleted Text from Existing Ordinance 331 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@D8IEDFC6\@BCL@D8IEDFC6.docx LAND DEVELOPMENT REGULATION (LDR) AMENDMENT APPLICATION ASSIGNED FILE NUMBER: LDRA- APPLICANT: (PLEASE PRINT) AGENT: (PLEASE PRINT) Patrick Gonzalez Bruce Barkett NAME NAME DiVosta Homes, LP. Collins, Brown, Barkett, Garavaglia & Lawn, Chartered COMPANY NAME COMPANY NAME 4600 PGA Blvd., Suite #400 756 Beachland Boulevard ADDRESS ADDRESS Palm Beach Gardens, FL 33418 CITY, STATE, & ZIP (5B1) 206-1458 PHONE Patdck.Gonzatez@Pulte.com EMAIL ADDRESS Patrick Gonzalez CONTACT PERSON Vero Beach, FL 32983 CITY, STATE, & ZIP (772) 231.4343 PHONE _ bbarkett@verolaw.com EMAII., ADDRESS Bruce Barkett CONTACT PERSON SIGNATURE OF APPLICANT OR AGENT (PROJECT/REQUEST DESCRIPTION) CHAPTER(s)/SECTION(s) OF LAND DEVELOPMENT REGULATIONS PROPOSED FOR AMENDMENT: 934.04(7)(c); 934.04(3)0) til. PURPOSE OF REQUEST: (attached additional sheets if necessary) 1. To amend 934.04(7)(c) to permit transfer of excess material generated incidentally to approved projects larger than three hundred fifty (350) acres for more than eighteen (18� months. To permit such transfers to continue In conjunction with each project Land Development Permit. To permit such .transfers at any time for public road projects, provided the fill Is supplied at cost See attached Exhibit A (Revised see Attachment #2) 2. To add a new category to 934.04(3)0}: over 1,000,000 yards; 20 years. 180127' Street, Vero Beach FL 32950 F r-ammotty DevelopmenllUaeraNQuAcOApplicetlorm%M Amwwmm App doc Revised Jen my 201: Page l of 2 332 iii, JUSTIFICATION FOR REQUEST: (attach additional sheets ifnecessary) 1.934.04( (c): Planned Communities over three hundred fifty, (350) acres do not get developed ;iii.";ire an eighteen fI a month rtod. Well-planned communities with a variety of housing options must remain flefble enough to respond to market conditions, regulatory reforms, consumer demand, and many other factors which affect the design, timing, and construction (including ex=wtlon). it Is net feasible to require all excavation and removal of 91 to be completed in eighteen (18) months ibr a project expected to be developed over a period of ten (10) years or more. Fill provided at cost for public road projects should be exempt. 2, 934.04(3)(): When the quantity of material to be removed is in excess of 1,000,000 yards, a twenty (20) year permit is reasonable, to allow for fluctuations In demand, development, and building activity. The applicant is encouraged to seek a pre -application conference with the Community Development Depament staff in order to resolve or avoid problems related with the LDR. text amendment proposal. M A check or money order made payable to Indian River County or cash in the amount of must accompany this application. I azo 127" Stroet, Versa Beach FL 329,60 t APP.000 � jonwy 2011 page 2 of 2 333 :.i�<t:iC.T:riGi! feA�t.'Y,hi •'t Fly :Ft[t1:.�aR u airUC4i �'?•'� F5>t:��i!lF.1. 1. i:ki`tAil:�LLW.t Firiiu� �, ac.cesani�i ¢!:�.71.i.i' ii5t: tl LJ'±Arry.t.T C::9Ottf.`LAS vrnm#d BeA I S artiv ,!Mh,AFr15'3?1iS A-1-10r." c:7 i,a4W 7:4 9EACH- AND OL1L+W`LAftD. YLROi RMACH, F .AJA .'lA X�'PM Parr OFlrtcm rAox twee, vLnto it *-Auti, r'LGa1C4a2a;i*d6OL' TIMI A014C.772-231-A " FACCIMILE1 i4S-'A"�-94-M13 r'CFAtl.t CbCC&1!C:fsOLA+A'.Cbrs Y11fMFFSTdtVf"l��Y.ti::11.OL�.i,.i: Stan Boling, AICP Community Development Director Administration Building A 1801 2-u' Street Vero Beach, FL 32960 June 20, 201 !T. Lend Development Regulation Ar.:endment4plicadon Application to Amend Sand Mining Ordinance Dear Stan: * occlD CG4WV179 RUL 9WATU :1Z tIQ1,1iDC�i. r�f41L1.6.TRY3'1'6 At7Ei C71'AT".A al"STworown TA701TIOM - E.IA_�T1:RCFLAN's ni- r4i erw CIY�LL[+'K-r.LT 3 fANt'PtR OkA%t -AMA$fOANO! W CX IJW 7.%L'tOADi YeJ GC SMD 5C *ALSO AW4 iTGD 16144 F AL'.AAMMU IM TM7 DDMMOMWSALTMo:^ THEZA t!WIAS '.? Chairman Polackwich read the following into the record: A. CONTINUATION FROM SEPTEMBER 27, 2018: Lawnwood Medical Center: Request for a no similar use parking study for a proposed free- standing emergency room. To be located at 660 US Highway 1. Lawnwood Medical Center Inc., Owner. S&ME, Inc., agent. (SP -MI -18- 11-30 / 97080089-82616) [Quasi -Judicial] Chairman Polackwich asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. He disclosed that that he served as the attorney for the Indian River County Hospital District for eighteen years and that he served on the board for Indian River Medical Center for nine years, neither of which would prohibit him from making a fair decision regarding this request. This disclosure was not challenged. Mr. Stan. Boling, Community Development Director, and Mr. Ryan Sweeney, Senior Planner of Current Development answered questions from the Commissioners regarding the proposed project. A Representative of Lawnwood Medical Center clarified further details of the planned facility. ON MOTION BY Mr. Brognano, SECONDED BY Mr. Stewart, the members voted unanimously (6-0) to approve staff recommendations on this Quasi - Judicial matter: Public Hearings Chairman Polackwich read the following into the record: A. CONTINUATION FROM SEPTEMBER 27, 2018: Consideration of a Request by DiVosta Homes L.P., to Amend Land Development Regulation Chapter 934 (Excavation and Mining) to Modify the Time Frame for Exporting Excess Fill from Large Scale Development Projects and Extend the Time Frames for Large Volume Mining Operations (LDRA-18-09-01 / 2018060191-82197) [Legislative] Chairman Polackwich stated that this public hearing is continued from the last Board meeting. Mr. John McCoy, Chief of Current Development, reviewed information regarding the request for amendments to the Land Development Regulation, PZC/Unapproved 2 October 11, 2018335 ITi001 Chapter 934, and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He concluded that, based on the analysis provided, Staff supports the amendment requests and recommends that the Planning & Zoning Commission recommend that the Board of County Commissioners adopt the proposed ordinance. Mr. Stan Boling and Mr. John McCoy proceeded to answer questions from the Commissioners regarding the proposed amendments. Mr. Bruce Barkett, Representative for the Applicant, clarified details of the proposed amendments. Chairman Polackwich reopened the public hearing and when nobody from the audience came forward, proceeded to close the hearing. Mr. Todd Brognano recused himself from this case due to his business relationship with the Respondent. He submitted a Form 813, Memorandum of Voting Conflict, to the Recording Secretary. ON MOTION BY Mr. Stewart, SECONDED BY Dr. Day, the members voted unanimously (5-0) to approve staff recommendations on this Legislative matter. Mr. Brognano abstained from the vote. Chairman Polackwich read the following into the record: B. CONTINUATION FROM SEPTEMBER 27, 2018: Indian River Land Trust, Inc. Request to Amend the Comprehensive Plan to re -designate +/- 11.59 Acres from C/l, Commercial/Industrial to M-1, Medium Density Residential -1 (up to 8 units per acre), and to rezone those +/- 11.59 acres from CL, Limited Commercial District, to RM -6, Multi -Family Residential District (up to 6 units per acre); and Simultaneous Request by Schwerin Asset Advisors, LLC's to amend the Comprehensive Plan to re -designate +/- 11.44 acres from M-1, Medium Density Residential -1 (up to 8 units per acre), to C/I, Commercial/industrial, and to rezone +/- 0.83 acres of that property to OCR, Office, Commercial, Residential District and to rezone the remaining +/- 10.61 acres of that property from RM -6, Multi -Family Residential District (up to 6 units per acre), to CL, Limited Commercial District, (LUDA 2006090171-81055) [Treat as Quasi -Judicial M/Unapproved October 11, 2018 336 13 Treasure Coast Newspapers I TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zollar, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline PO # 463755 - INDIAN RIVER COUNTY PLANNING 2147849 NOTICE OF PUBLIC HEARING NOTICE IS H Pub Dates November 4, 2018 Sworn, to and subscribed before me this day of, November 05, 2018, by �•-' �' who is Natalie Zoll r (X) personally known to me or ( ) who has produced — � wla� � q 90�wn Karol Kangas Notary Public as identification. 337 nti :;• KAROLEKANGAS NotaryPoWk-StMeofAorkI. Cwmduion f GG 116041 My Cor= E*Ires JW 29, 2021 Owded0ft "Am as identification. 337 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Board of County Commis- sioners of Indian River Coun- ty, Florida shall hold a pub- lic hearing at which parties in interest and citizens shall have an opportunity to be heard, in the County Commis- sion Chambers of the County Administration Building locat- ed at 1801 27th Street, Vero Beach, Florida, on Tuesday, November 20, 2018 at 9:00 a.m. to consider adoption of an ordinance; entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PRO- VIDING FOR AMENDMENTS TO CHAPTER 934, EXCAVATION AND MINING; BY AMENDING SECTION 934.04(7), EXCA- VATION INCIDENTIAL TO DEVELOPMENT PROJECTS; BY AMENDING SECTION 934.07(3), CONDITIONS OF THE MINING PERMIT; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFEC- TIVE DATE. Said ordinance, if adopt- ed, would modify the time- frames for exporting excess fill from large scale develop- ment projects (projects over 350 acres) and allow extend- ing the timeframe (number of years allowed to operate) for approved large volume mining operations that are operat- ing in compliance with Coun- ty and jurisdictional agency requirements. A draft of the proposed ordi- nance is available at the Plan- ning Division office located in the community development division on the first floor of the County Administration Complex Building "A". Anyone who may wish to appeal any decision, which may be made at this meeting, will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal is based. Please direct planning -relat- ed questions to the current development section at 226- 1237. ANYONE WHO NEEDS A SPE- CIAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMERI- CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT 226- 1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Peter D. O'Bryan Chairman Pub Nov. 4th 2018 Tcn 338 DIVOSTA HOMES, L.P. PROPOSED AMENDMENT TO TIME FRAMES FOR EXPORTING EXCESS FILL FOR LARGE SCALE DEVELOPMENT PROJECTS AND EXTENDING TIMEFRAMES FOR LARGE SCALE MINING PROJECTS November 20, 2018 Board of County Commissioners m HISTORY • Complete review of mining regulations in 2008. • Included revisions to criteria related to removal of excess fill incidental to development • Time frames for large mining operations were not changed in 2008, Current max. is 10 years, has not changed since the 1990s, after 10 year's the applicant could simply re -apply for site plan approval 2 Excess Fill Incidental to Construction � • Reason for request is excess fill generated by the Waterway Village project • Used two 18 month continuous windows allowed to export excess fill. • To address excess fill, the applicant has re- designed portions of the project converting originally proposed lakes to green areas to reduce excess fill. • Still, the project will generate more excess fill than can be exported in the time frames currently allowed 3 • As proposed, the LDR criteria will more evenly match the build -out process and pace the applicant (as well as other large new projects 350 acres +) has actually used in developing the project. • Proposed amendment will allow excess fill material to be exported from each phase of the project within a window not to exceed 12 months and will tie export activity to an active land development permit authorizing site work for any given development phase EI Large Scale Mining Time Frames • Current max time allowed is 10 years for mining of greater than 500,000 cubic yards of fill. Time frame reflected typical mining operations in the early 1990s, usually consisted of a mine on a 40 acre parcel which would have a typical life cycle of 10 years or less 5 QZ Due to the economies of scale, equipment types, mobilization, and mining methods, mining projects since the 1990s have grown larger in size with corresponding increases in volume of material to be removed. The proposed amendment appropriately provides longer operational time frames for larger volume mines Less than 10,000 cubic yards 10,000-99,999 cubic yards 100,000-500,000 cubic yards Over 500,000 – 1,000,000 cubic yards 1,000,000 – 2,000,000 cubic yards Over 2,000,000 cubic yards 1 year 2 years 5 years 10 years 15 years 20 years �---_..-------- -_��� Note: Owners/operators of mining operations approved prior to adoption of the 15 year and 20 year time frames cited above may obtain a staff level approval to modify their mining operation time frames consistent with the time frames cited above, if the mininq operation is in compliance with its County site plan approval, mining permit, and all jurisdictional agency, permits related to the mining operation. 7 • Mining Permit Conditions ➢ Annual Inspection and permit renewal ( includes site inspection, excavation volumes checked, valid jurisdictional permits, bonding) ➢ Possible enforcement action with progressive penalties 9 The Planning & Zoning Commission voted 5-0 to recommend that the BCC adopt the proposed ordinance. 9 Staff recommends that the Board of County Commissioners adopt the proposed ordinance M c WN Mr INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator FROM: Stan Boling, AICP; Community Development Director Rich Szpyrka, PE; Public Works Director DATE: November 13, 2018 SUBJECT: Adoption of Updated Development Review Fee Schedules for Planning and Public Works It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 20, 2018. BACKGROUND Indian River County's current schedule of development review fees was put into effect March 1, 2004 and has not been updated since. Prior to the 2004 fee schedule update, fees had not been updated since 1990. The County's current fee schedule covers Planning and Engineering (Public Works) items and is out of date with current fees significantly lower than fees charged by other counties (see Attachment 1). In June 2017, staff presented a draft updated fee schedule using the same methodology used in the 1990 and 2004 fee updates. That methodology estimated the amount of time used by review staff from various county departments to review an "average" application from initial submittal through final approval for each type of application. No overhead costs were considered or "charged for". The estimated staff time was then costed -out by staff position (hourly rate), totaled, and then rounded (usually rounded down) to yield a fee. Direct costs such as advertising costs for public hearing items were also estimated based upon prevailing costs at the time of the update (2004). Direct costs as well as staff costs have increased significantly since 2004. At its June 20, 2017 meeting the Board of County Commissioners (Board) deferred action on a fee update presented by staff, ultimately directing staff to present the fee update to the Development Review and Permit Process Advisory Committee (Committee) for its review. The Committee began meeting in October 2017 and focused first on improving and streamlining development review and permit processes. The Committee's work, in joint effort with staff, culminated in recommendations acted upon earlier this year. Changes and improvements to processes were implemented in May 2018 after Board approval of various code changes and non - code changes made by staff. Those streamlining changes were factored into staff's re-evaluation of review fees conducted this summer. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6C253689\@BCL@6C253689.docx 339 At its June 26, 2018 meeting the Committee considered and conceptually approved a fee update methodology (see Attachment 2). That methodology consisted of two features: 1) calculating staff time/costs for an average complete and responsive application together with an additional fee (25% of original fee) if extra staff re -reviews are required for incompleteness and/or inadequate responses, and 2) calculating fees for construction -in -progress and close-out/certificate of completion inspections conducted by Public Works. During the Committee recess in July and August, staff calculated development review staff time/costs based on its review experience under the improved and streamlined process implemented in May. Also during the recess, Public Works compiled and re-evaluated its site construction inspection data. Based on the approved methodology, with new calculations and new data, staff presented to the Committee updated subdivision project and major site plan proj ect review fees and Public Works site inspection fees at the Committee's September 19, 2018 meeting. At that meeting's conclusion, the Committee decided to continue discussion and to review a complete and final schedule of updated development review and Public Works fees (see Attachment 3). At its October 17, 2018 meeting the Committee reviewed comprehensive updated fee schedules for development application review, long range planning application review, Public Works application and permit reviews, and Public Works site inspection fees proposed to be established for subdivision and major site plan projects. After lengthy discussion, the committee and staff agreed to support the Planning development review fees, Long Range Planning application review fees, and Public Works review fees as proposed, and to support a compromise on fees for Public Works site inspections. That compromise calls for Public Works inspection fees for single-family subdivisions at $100 per lot, $75 per unit for multi -family major site plan projects, and $1,000 per acre for a commercial major site plan project (see Attachment 4). Those proposed fees have been finalized and incorporated into final fee schedules now to be considered by the Board of County Commissioners for adoption. ANALYSIS • Planning Development Application Fees Most of the proposed fees are designed to cover a majority of the estimated staff time/costs for reviewing a complete and responsive application under the streamlined process that has been implemented since May. Additional fees for applications requiring extra reviews are also proposed and are based on the estimated additional staff time/costs for extra reviews. This fee structure is a policy decision that "rewards" complete responsive applications by assigning staff costs for extra re - reviews to the incomplete applications that create extra demands on staff time. The proposed fees also purposely "undercharge" certain application types as a matter of policy. For example, Pre -Application Conference reviews for site plan and Planned Development (PD) projects are charged $0, consistent with the current fee schedule. The "free Pre -App" policy is intended to provide an incentive for a quick up -front process that "filters -out" big picture development problems (zoning, location, access, environmental items, basic lay -out), and to provide an incentive for innovative PD projects. Free "pre -apps" also provide an incentive for economic development C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6C253689\@BCL@6C253689.docx 340 (commercial site plan projects) and affordable housing multi -family projects. As a policy decision, staff also proposes no increases for variance requests and only a minor increase for appeals by affected parties. Proposed fees are still less than development application fees charged in other jurisdictions within the region such as Brevard, St. Lucie, and Martin counties. • Long Range Planning Fees Long Range planning section fees relate to applications for comprehensive plan amendments, rezonings, and concurrency reviews. Fees for those reviews are proposed to be updated and simplified. Generally, due to time -saving changes made by staff over the past years, proposed fee increases for these reviews are generally modest. • Code Enforcement and Environmental Planning Fees As a policy decision these fees, which cover local environmental permits and minor permits often used by individual residents and small businesses, are proposed to remain the same (unchanged from the current "2004 fee") with one exception. That exception is for CCCULONO (Coastal Construction Control Line/Letter of No Objection) reviews for beachfront development and re- development. That review fee is proposed to increase from $125 to $200 to cover increased staff time for more detailed and comprehensive reviews now required. No increases for environmental permits are proposed, based on a policy to incentivize compliance with local environmental regulations. • Public Works Fees — Permit Review Fees Proposed fees for stormwater permit and right-of-way permit activities conducted by Public Works are based on actual staff time spent on those activities. Proposed fees cover a majority of Public Works staff time but, as a policy decision, do not cover overhead costs. Re -inspection fees are also proposed for individual stormwater and right-of-way permit projects that require extra inspections. No increases in LDP (land development permit) review fees are proposed (unchanged from the current "2004 fee"). — Inspection Fees An inspection fee is proposed for subdivision projects and major site plan projects. Both of those types of projects require a pre -construction meeting with Public Works at which time construction coordination and large project inspection duties commence for Public Works staff. The proposed inspection fee for these large projects was originally proposed as a tiered range of percentages of project site construction cost, consistent with what other counties charge. After initial discussion the inspection fee proposal was reduced to one percent (1%) of estimated site construction costs not including utilities and not including off-site construction and not including soft costs (engineering, surveying, permitting). After lengthy discussion at the October 17, 2018 Committee meeting, a compromise on Public Works inspection fees was reached: $100 per single-family lot; $75 per C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6C253689\@BCL@6C253689.docx 341 multi -family unit; and $1,000 per acre of commercial development area. Those compromise fee rates are incorporated into the proposed schedule for Public Works fees. Timing of collecting Public Works inspection fees was also discussed at the October 17, 2018 Committee meeting. Originally, inspection fees were proposed to be collected at the project pre - construction meeting. After discussion, staff and the Committee agreed that those inspection fees will be collected toward the end of the project. For a subdivision project, the inspection fee will be collected prior to issuance of a Certificate of Completion (including issuance under a temporary suspension). For a major site plan project, the inspection fee will be collected prior to issuance of a Certificate of Occupancy (including issuance under a temporary suspension). • Development Cost Impacts: Total Fees for Subdivision and Major Site Plan Projects For subdivision projects and major site plan projects, staff has put together a list of total fees for a "typical project" under current fee schedules and the proposed fee schedules presented herein (see Attachment 6). For the Subdivision project total fee list, staff calculated and compared application fees for a recently developed 23.62 acre 36 lot single family subdivision. Fees were tallied for all subdivision project applications from the pre -application stage to the final plat stage, and includes the proposed Public Works inspections associated with subdivision development (horizontal construction excluding utilities and off site work). For this type of hypothetical subdivision project, current fees would run $7,870 or $218 per lot compared to proposed fees of $14,300 or $397 per lot, a difference of $179 per lot. For hypothetical major site plan projects, staff calculated fees for a 4 acre commercial site and a 4 acre 24 unit multi -family project. For the hypothetical 4 acre commercial project, current fees would run $2,540 or $635 per acre compared to proposed fees of $9,170 or $2,292 per acre. For the hypothetical 4 acre 24 unit multi -family project current fees would run $2,540 or $105 per unit compared to proposed fees of $6,970 or $290 per unit. • Revenue Impacts Staff has evaluated the last 12 months of development application activity and calculated the amount of fees generated under current fee rates and under the proposed fee rates. That comparison is provided for Public Works inspection fees, Planning application fees, and Long Range Planning fees (see Attachment 8). The estimated annual difference in fee revenue, based on the number and type of development applications received during the last twelve months is $268,715. That revenue difference is intended to help cover increased costs already experienced for development review staff previously budgeted and hired to handle increased demand for development review and site inspection services. • Effective Date When development related fees are adopted, the County typically provides for a delayed effective date of at least 90 days. Complete applications received by staff prior to the effective date are charged the "old" fee. Applications filed on or after the effective date are charged the "new" fee. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6C253689\@BCL@6C253689.docx 342 The 90 day delay is considered enough time for would-be applicants who are close to making an application submittal to put together a complete application prior to a fee change going into effect. Consequently, staff proposes an effective date of March 1, 2019, a date that is more than 90 days after Board adoption. The effective date is specified in the attached fee resolution (see Attachment 7). CONCLUSION The proposed fee schedules will modify development application fees that have not been updated since 2004. Proposed fees will not cover all county costs; some staff time costs are not covered and no overhead costs are covered. For policy reasons, some application reviews are provided free of charge (pre -application conferences) and others are unchanged and intentionally under -charged (environmental permit fees, minor fees for permits used by individual residents and small businesses, and land development permit fees for subdivision engineering plan reviews). Proposed fees were extensively vetted through a development committee review process and are supported by staff and the Committee. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed development review fee schedules and associated resolution, establishing a March 1, 2019 effective date for the updated fee schedules. ATTACHMENTS: 1. Chart: Application Fee Comparison 2. Committee Minutes June 26, 2018 meeting 3. Committee Minutes September 19, 2018 meeting 4. Unapproved Committee Minutes October 17, 2018 meeting 5. Charts Comparing Current Fees to Proposed Fees 6. Charts Providing Project Cost Comparisons 7. Resolution with Proposed Fee Schedules 8. Estimated Annual Revenue Impacts from Proposed Fees C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@6C253689\@BCL@6C253689.docx 343 APPLICATION FFF COMPARISON Fee Category Indian River County St. Lucie County Brevard County Martin County Osceola County Sarasota County Volusia County Rezoning/Conceptual Plan Effective 3-1-2004 Effective 7-1-2010 Effective 1-17-17 Effective March Effective 10-1-16 Effective 11-1-16 Effective 10-1-16 Request Over 40 acres $2,875 + $100.00 for acre 2016 $8 per dwelling unit for res Planned Development Less than 20 acres $2,375 Less than 20 acres $5,400 $13,800 $2,456 + $30 per acre or any Rezoning/Conceptual Plan 20-40 acres $2,775 20-49 $5,400 + $10 per additional fraction thereof; + Request Over 40 acres $2,875 + $100.00 for acre $8 per dwelling unit for res each additional 25 acres over 40 49.01+ $5,400 + $25 per acres acres over 50 Planned Development Less than 20 acres $2,075 20 lots or less $91 per lot Special Exception 20-40 acres $2,475 21 lots or more $1,814 + $37 Request Over 40 acres $2,575 + $100 for per lot for every lot over 20 each additional 25 acres over 40 acres Preliminary PD Plan Less than 20 acres $1,150 $13,600 minor $6,500 20 lots or less $1268 per lot 20-40 acres $1,250 $16,600 major 21 lots or more $2,524 + $37 Over 40 acres $1,300 + $50 for each per lots over 20 additional 25 acres over 40 acres Final PD Plan $1,400 $2,400 $3,389 + $87 a lot $9,127 20 lots or less $54 per lot 21 or more $1,078 + $37 per lot over 20 PD Plan for Minor Charge administrative approval or $1,000 $259 Modification minor site plan fee (Planning Director to determine PD Plan for Major Charge same as for original plan $2,000 $3,750 $821 for map amend add Modification review $30 per acre or any fraction thereof, + $8 per dwelling unit for res DRI Review Residential Less than 40 acres $3,300 Up to 50 acres $3,000 $17,334 + $43 per $24,000 $600 $8,014 + consulting fees 40 acres or more $3,300 + $150 for 50.01 -499.9 acres $5,000 acre each additional 25 acres over 40 500+ acres $7,000 acres $43,400 DRI Commercial/Mixed Less than 500,000 sq. ft. $3,900 $8,014 + consulting fees Use 500,000 sq. ft. or more $3,900 + $300 for each additional 50,000 sq. ft. over 500,000 sq. ft. DRI Substantial Deviation Same formula as original fee $43,335 $24,000 Minor Amendment $1,500 $750 $3,800 $1,973+ consulting fees OPC DRI Annual Report $500.00 $1,000 $500 344 FACommunity Development\Fee Schedules\2018 revimWee Comparisons.doe APPLICATION FEE COMPARISON Fee Category Indian River County St. Lucie County Brevard County I Martin County Osceola County Sarasota County Volusia County Effective 3-1-2004 Effective 7-1-2010 Effective 1-17-17 Effective March Effective 10-1-16 Effective 11-1-16 Effective 10-1-16 Over 40 up to 100 acres $2,300 10.01+ acres $2,500 plus 2016 Rezoning Less than 5 acres $1,550 $2,250 less than 10 acres $849 + $24 per acre $1,000 mandatory $1,665 $7,500 $957 + $30 per acre or any 5-40 acres $2,000 plus $10 per acre over 5 $3,115 non- additional fraction thereof Over 40 up to 100 acres $2,300 10.01+ acres $2,500 plus mandatory Over 100 acres $2,500 + $200 for $25 per acre each additional 25 acres Land Use Plan Less than 5 acres $3,000 Less than 10 acres $1800 Amendment 5-40 acres $3,800 10.01 -20 acres $2,000+ Over 40 up to 100 acres $4,400 $20 per acre Over 100 acres $4,500 + $200 for 20.01+ acres $2,500 + $25 Small scale $1,471.00 each additional 25 acres per acre over 20.01 Large scale $6,700 Large scale $2,406 + $50 per Small scale $3,000 acre not to exceed $6,000 for land use Amendment to Text of $2,600 $5,000 $1,785 + $43 per acre $8,150 $5,000 Comprehensive Plan Element Other than Land Use Amendment to Text of $1,500 $2,550 1,733 $6,100 Do not have, LDR changes Land Development can only be initiated by Regulations Board of staff. Administrative Approval $200 Major $625 $3,850 $500 AA for Fence $75.00 Minor $400 Pre -Application Site plans free $250 credited to formal $2,135 site plan $580 non PUD $350 $131 Subdivision $300 a $2,755 subdivision $1,100 PUD Minor Site Plan $650.00 Residential $1,000 plus $3,145 $8,750 $1,314 $10 per acre Non-residential $1,700 plus $10 per acre Major Site Plan Less than 5 acres $1,000 Less than 10 acres $2,000 $3,960 + $360 acre $12,000 $4,000 + $600 per 50,000 sq ft or more but > 5-10 acres $1,200 10 -49 acres $2,000 adjusted gross acre 200,000 sq. ft./50 or more, 10 acres or more $1,400 49.01+ acres $2,000 + $10 but > 150 dwelling units: per acre over 50 $1,971 200,000 sq. ft. + / 150 or more dwelling units: $2,760 Major Modification to SP Same as original fee $850 up to 49.01 acres 3/ of original fee + $12,000 $850 plus $10 per acre 2,000 over 50 acres 345 FACommunity DevelopmentTee Schedules\2018 reviewTee Comparisons.doc APPLICATION FEE COMPARISON Fee Category Indian River County St. Lucie County Brevard County Martin County Osceola County Sarasota County Volusia County Appeal by Affected Pa Effective 3-1-2004 Effective 7-1-2010 Effective 1-17-17 Effective March Effective 10-1-16 Effective 11-1-16 Effective 10-1-16 $3,400 $3,750 + $337.50 per 20 lots or fewer $126 per lot 2016 More than 10 acres $950 + $36 per lot + $90 Appeal by Applicant $400 $1,500 $1,200 $1,000 $500 Appeal by Affected Pa $800 Preliminary Plat 10 acres or less $700 Up to 50 acres $3,735 $3,400 $3,750 + $337.50 per 20 lots or fewer $126 per lot More than 10 acres $950 + $36 per lot + $90 adjusted gross acre 21 lots or more $2,524+ $37 per acre per lot over 20 Over 50 acres $5,335 + $36 per lot + $90 per acre Final Plat $1,400 $3,389 + $87 a lot $2,700 $3,750 20 lots or fewer $50 per lot 21 lots or more $$1,008+ $34 per lot over 20 Plat Vacation $800 $1,624 $1,875 Variance (Board of $800 $850 $598 $270 administrative $1,000 $650 $600 (double ATF) Adjustment approval) $690 non- administrative Written Zoning $50 $37.50 $158 $100 $100 $39 Confirmation 346 FACommunity Development\Fee Schedules\2018 review\Fee Comparisons.doc APPLICATION FEE COMPARISON Fee Category Indian River County St. Lucie County Brevard County Martin County Osceola County Sarasota County Volusia County Resubmittal Effective 3-1-2004 Effective 7-1-2010 Effective 1-17-17 Effective March Effective 10-1-16 Effective 11-1-16 Effective 10-1-16 original fee based on what 2016 $1,000 original fee Per John's reauest. below are some fees other municipalities charee that we do not Extension $0 $1,500 1 1 $595 1 1 $500 $162 Resubmittal $0 3m and subsequent 30% of 3rd or subsequent fees Varies by 2"d or subsequent $225 3`d or subsequent 2nd and subsequent 10% of original fee based on what application type $1,000 original fee department reviews still needed 347 FACommunity Development\Fee Schedules\2018 review\Fee Comparisons.doc b) Concepts for Updating Development Review Fees — Direction Requested Mr. Boling reviewed his Memorandum dated June 21, 2018, entitled "Concepts for Updating Development Review Fees", with Attachments 1 through 3, a copy is on file in the Commission Office. Highlights included: Revised "averaging" methodology with fees set for complete/responsive applications and additional fees charged for extraordinary repeat reviews; and, Establishing fees for construction in progress and completeness/certification activities performed by Public Works. Mr. Boling referenced the methodology/historically used was each application type with staff time reviewing an "average" application and costs related to each application. He mentioned an approach to updating fees to include a default calculated fee for a completed application with responsive and successful resubmittals. He continued if an application required additional resubmittals; more time needed, additional re -review fees would be added. Mr. Boling explained this approach would more closely reflect staff time on projects, as well as provide incentive (less expense and faster process) for a complete and responsive application. Mr. Szpyrka presented and discussed two (2) PowerPoint slides entitled "Public Works Development Fee Analysis", a copy is on file in the Commission Office. He discussed a possible approach to collecting fees for staff review time involved in projects during the construction phase, or closing out construction (Certificate of Completion), covering Public Works' coordination and inspection time costs. Chairperson Robinson commented she would like to see a list of the inspections Public Works was currently responsible for; what the inspections were for, and estimated time frames for the inspections. She stated she felt the need to recognize the builders/developers were not responsible for the developing community to subsidize the entire engineering process. Mr. Szpyrka reminded the Committee he did not set policy; however, in his experience, development paid for itself, it was not subsidized by taxpayers. Vice Chairman Paladin mentioned the possibility of developers recouping costs of additional inspection fees by charging the hired engineer of record for the project. C:\Users\sjohnson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W6C5EAD3\06 26 18 Minutes.docx APPROVED 5 348 Mr. Carter Taylor, District 2 Representative, inquired whether Public Works personnel submit timesheets to indicate how much time, activity or cost deployed on each project. Mr. Szpyrka responded Daily Logs were maintained on road projects and would confirm whether logs are maintained for subdivision projects. Mr. Chuck Mechling, District 5 Representative, asked if a checklist was available for the as -built process. Mr. Szpyrka responded in the affirmative; however, the checklist was rarely utilized by applicants. Mr. Greg Burke, Member -at -Large Representative asked if the County has completed inspections in the past and not charged for them; was the County being hurt financially by not charging re -inspection fees. Mr. Jason Brown, County Administrator replied in the affirmative, the fees the County collected are not covering the costs of operations of the current employees. Mr. Burke stated he was in favor of establishing base fees for inspections; however, the individual charges may be subject to conflict. Mr. Jason Brown suggested contemplating the initial inspections be included in the original fee and then any re -review, only if there was additional re -inspections required, additional fees. Mr. Taylor recommended prior to restructuring fees, to develop better information by requiring timesheets to be analyzed to know better where the costs were coming from. Mr. Burke suggested to review timesheets to ensure overlap between the departments; i.e., inspecting handicapped parking were conducted by two departments; to spell out the two separated items being inspected. Mr. Mechling stated there was a need to have a vision of where the County was going and the cost factor attached to that direction. Chairperson Robinson agreed there was a need for a cost benefit overview of the choice being made in all areas of government. Mr. Bill DeBraal, Deputy County Attorney asked if it was possible to have a pass/fail mechanism with public works inspections. Chairperson Robinson responded it was partially possible, but not with all inspections; explaining typically on storm water, it would be a final inspection at the end of the project. Discussion ensued regarding reviewing engineer logs in conjunction with inspections and certifications. Chairperson Robinson said it was necessary to hold engineers accountable. Vice Chairman Paladin shared his thought the County should penalize the failures without including the successful inspections. C:\Users\sjohnson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W6C5EAD3\06 26 18 Minutes.docx APPROVED 6 349 Mr. Boling summarized discussions included a review of a base package of inspections fees (subdivisions separate from site plan) with basic or streamlined costs for complete/responsive applications and additional costs for incomplete/unresponsive applications spelled out. He opined there were more inspections currently than there had been in the past due to bigger scaled projects and with workforce not from the area, who are responsible for the construction. Vice Chairman Paladin opined one of the problems being realized now was when a development project from 15 years past, experienced a new development being built next to the old development, changed the old development; i.e., drainage. Chairperson Robinson asked for staff to bring back more data for clearer justification on costs for inspections. (c) Date for September and October Meetings — Action Required Mr. Boling confirmed this committee would not be meeting in the months of J and August. It was the consensus of the Committee members to continue relar schedule meetings beginning in September, and October; the third Wednesd��rn-ing at 9:00 a.m. Mr. Boling stated October, 2018 was the 12 month sunset date fo,kfiis committee's work, unless the Board of County Commissioners extended the 506, . He shared the Committee had two remaining matters to focus on in the re aining two meetings: development review fees and any final process items. Other Matters (a) ons — Chuck Mechling Mr. Mechling reported he met with JgKn McCoy and Roland Deblois in Community Development to discuss the level of diffic y or practicality for an engineer, when planning a small 10 -acre project with a storm r ention concept, with the lake being* required to be regular shaped, having several s ps to incorporate, as well as the financial costs for those requirements. ZJohn McCoy onfirmed the LDRs required a 10 -to -1 slope; wherein the nsive plan equired a 6 -to -1 slope; two variant slopes depending upon being eviewed. Mr. Mechling stated it appeared the County had in se -by -case projects, depending upon the size, shape and n.McCoy said from an LDR perspective, evaluating whether some language criteria could be included for lake shape, such as "including, ited to" would eliminate some of the back and forth reviews and provide guidance within the LDRs for design professionals. C:\Users\sjohnson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W6C5EAD3\06 26 18 Minutes.docx APPROVED 7 350 Chairperson Robinson asserted in her experience, littoral zones caused more proble than the good the zones could give, because of the material breaking down and creating ore algae blooms and more water quality issues because of the rot. Mr. Taylor believed it was not the littoral zone being the issue, but th5J6ndency not to maintain them that was the issue, which was outside this Committee's scop o control. Chairperson Robinson opined the better water quality so ion would be the larger permanent pond. She also mentioned eliminating duplicated pgpffiitting efforts; having already been permitted by SJRWMD for storm water, would77" bstantial amounts of time and money. Mr. Greg Burke, Member -at -Large R their homework and if their scientists think probably better off that way. liitative commented SJRWMD probably did was no problem, Indian River County was Mr. Murphy communicated would rather have more rear yard, better properties in this County than any within the tate of Florida. He continued a review was necessary and cautioned to make sure ev detail was thought through and knowledge of exactly what the end result would be whe he decision to eliminate littoral zone requirements. The motio and the second was amended to recommend to the Board to amend the County's Co rehensive Plan and Land Development Regulations to follow St. John River Water Ma gement District's littoral zone requirements and design criteria. / THE CHAIRMAN CALLED FOR THE QUESTION, and the Motion passed 9-2 hristopher Murphy and Carter Taylor in opposition). New Business a) Consideration of Proposed Development Review Fee Schedule Update Mr. Boling provided a background, concerning the Development Review Fee Schedule for site plans and subdivisions, etc., as outlined in his Memorandum dated September 7, 2018, a copy is on file in Commission Office. His Memorandum included information on Fee Schedule History, Fee Update Approach, Analysis and Proposed Fees for Public Works Right - of -Way Permit and Stormwater Reviews, Construction Inspections, and Permit Closeout Process. Mr. John McCoy, Chief, Community Development referred to Attachment 4, entitled "Staff Review Time (Costs) for Updated Fees Major Site Plan and Preliminary PD/Plat Applications", and Attachment 5, entitled "Front Desk Steps: Major Site Plan and Preliminary Plat" and briefly explained the attachments represented basically how costs for applications relate to each staff persons' handling and responsibility. 5 BCCC:\Users\sjohnsonWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W6C5EAD3\9.19.18 Minutes.doc 351 Chairperson Robinson referred to Page 3 of the Memorandum„ and inquired about the current fee (since 2004) for a major site plan, less than 5 acres is $1,000 and the proposed fee in June 2017 was $2,640. Mr. McCoy confirmed the proposed fee in 2017 went before the Board and was not approved, but deferred for Committee review. Mr. Boling explained the 2017 proposed fee change was based upon an average of all types of applications, whether complete or not, etc. He communicated the proposed fee suggested for 2018 was less than what was proposed in 2017 because the 2018 fee was structured for a more standard and streamlined review situation; under the 2018 fee should there be a need for extra reviews and more staff time, re -review fees would apply. Mr. Blum inquired whether there were additional fees for Planning and Zoning Commission's (PZC) review of preliminary plats. Mr. Boling responded an additional fee was being proposed for any application type requiring PZC review; consequently, staff -level applications would be cheaper. Mr. Boling continued, now, with this Committee's earlier recommended changes in the code, there were some preliminary plats not requiring PZC review and those applications would have no PZC fee. Chairperson Robinson commented in the process of streamlining the application, it was unknown how it would impact staff time and questions how it equated to a value. Mr. Boling responded that was the difference between the 2018 and 2017 fees, in that staff was projecting efficiencies in having more complete applications, use of the check lists and the new review structure and discounting 2018 proposed fees accordingly. He shared he thought the efficiencies were working since changes began in May, 2018. Mr. McCoy confirmed under recent code changes, there were now fewer applications going before PZC and the fee schedule was taking that into account, because it did add $300 for applications going to PZC. He continued the tasks, costs, and time expended reflect the streamlined process as it currently stands (in effect May, 2018). Mr. Taylor shared he thought the proposed fee schedule was a significant advance from the fee schedule utilized before because there was activity -based costs and asked if it was revenue neutral. Mr. Boling responded it did not cover all County costs; there was no overhead accounted for and no charges for code officer inspections. The 2018 proposed fee was intended to capture a decent portion of actual County costs. Mr. Mills stated he had been through a couple projects under the new system and it has been much, much better. He was seeing a significant amount of time savings and turn around on comment letters, making the whole process flow easier. Mr. Murphy stated the level of details in staffs new fee proposal were good and very, very reasonable. Mr. Mechling voiced it seemed the proposed Public Works inspection fees were doubling, tripling, quadrupling; a huge financial jump. 6 BCCC:\Users\sjohnson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W6C5EAD3\9.19.18 Minutes.doc 352 Chairperson Robinson said she would like to have this discussion come back to the Committee next month to provide members time to study, as it would have a big impact on this process from the developer's side of the table. She requested each member review the proposed fee schedule and do the math and consider what the impact would be. Mr. Boling offered to apply what was prepared for this month's meeting, showing preliminary plat and major site plan and prepare a full chart indicating all the fees for all the development application types. Chairperson Robinson shared her concern regarding the wait time for permits was taking months to obtain before, implying it took a huge amount of staff time; however, currently permits have become streamlined and happening much more quickly, implies less staff time. She continued the time factor did not take into account how many more projects were being submitted at the same time. Mr. Boling also noted in addition to the recent changes, the County Administrator and the Board agreed to the hiring of additional staff so having staff had helped the process immensely. In fact, the County "front -loaded" staff hiring expenses ahead of the review fee changes. Mr. Jason Brown, County Administrator added the process had been streamlined, making it easier for both sides of the equation; however, the work had not completely gone away; there continued to be a significant amount of work needed. He continued before this Committee was formed, the proposed fees in 2017 were earmarked to fund some of the new staff positions; however, the proposed fees in 2017 did not happen but the hiring moved forward to help with the review workload. Mr. Brown stated the current budget for the Planning Department, as an example, was a little under $1.4 Million, with permit fees generating $442,000, reflecting the County recovering 17.4 percent of the cost of the department. He added there were other things beside development review being provided, such as the general planning duties, comprehensive planning, which was clearly a distinctly different model than the Building Department, where the Building Department permit fees pay for the Building Department 100 percent. He continued neither the current fee, nor the proposed fee covered the full cost of everything and he did not believe there was any "overshooting". Mr. Brown reminded the Committee County staff was open to working collaboratively to arrive at a new fee arrangement for the success of both sides. Mr. Burke asked for justification for the proposed Public Works inspection fee being the 1 percent of the construction cost. Mr. Rich Szpyrka, Director, Public Works explained it began with step criteria, which was 2 percent for the first 500,000 and 1.5 percent for the second 500,000 and 1 percent for anything over a million. He continued based upon the Committee's input and review of timesheets of inspectors, not including any overhead such as trucks and computers, beginning in January, 2015 to determine actual inspection hours. He further explained other areas were reviewed and numbers were evaluated, showing 1 percent was a simple and justifiable figure. 7 BCCC:\Users\sjohnson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W6C5EAD3\9.19.18 Minutes.doc 353 Mr. Szpyrka stated County costs were not covered and was not trying to break even, but help catch up on the budget. He said he was open to run numbers, reminding the Committee at the current time Public Works did not charge any fees but a flat fee of $450 for inspections. Mr. Taylor asked for clarification of what percentage of the direct costs (i.e., trucks and equipment, salary benefits, etc.) of this service yield revenue from the proposed rate schedule, actually covered. Mr. Boling explained the development review fees was only the cost of staff time; how many hours at what cost; no overhead, in terms of development review fees. He mentioned there were other inputs into the process such as Code Enforcement, which cost was not included. Mr. Taylor asked if direct and indirect overhead costs were incorporated as some percentage of that was attributable to fee activity, what factor would-be applied to the base labor number. Mr. Brown responded the County's general overhead indirect costs was about 11 percent, covering buildings, payroll, etc., however, it did not cover the equipment, i.e. vehicles. Mr. Taylor inquired what percentage of the department's budget was not labor directly related to payroll. Mr. Brown said the vast majority of expenses in the planning department were salaries and benefits, with the facilities costs were accounted for within the facilities management budget. He continued the total cost included an overhead calculation charged across the whole fund; however, did not show up in individual departmental budgets. Mr. Taylor asked why the full costs were not incorporated into the fees. Mr. Mechling responded if developers were to pay overhead for departments, which cost would pass to the consumer (homeowner), making costs too high to live in this County. Discussion ensued regarding the County's economic activities. Mr. Brown reminded the Committee, the direction for staff was to shorten the review times with already limited resources and with the approaching constitutional amendment ballot questions related to additional homestead exemptions, the County could lose over three million dollars a year in property taxes to pay what was not funded by these fees to provide services for new development. Chairperson Robinson reiterated the need for the Committee's review of the material provided herein; having staff to provide a final chart of all the fees and continue discussion at next month's meeting. Other Matters a) Building Permit Plan Review Process Observations 8 BCCC:\Users\sjohnson\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\W6C5EAD3\9.19.18 Minutes.doc 354 DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE DRPPAC The Indian River County (IRC) Development Review and Permit Proc/hr Committee (DRPPAC) met at 9:00 a.m. on Wednesday, October 17, 2018, in Administration Building, Building B, 1800 27th Street, Vero Beach, Florida. You audio of the meeting; review the agenda and the Minutes on the IRChttp://www.ircgov.com/Boards/DRPPAC/2018. htm. Present were: Chairperson Debb Robinson, District 1; Vice-ChairT6n Joe Paladin, District 2; Christopher Murphy, Member -at -Large; John Wesley Mill , District 3; Robert Banov, District 4; Bruce Redus, District 4; Chuck Mechling, District 5' reg Burke, Member - at -Large; Raymond Sheltra, Member -at -Large; and Stephen Melch' ri, Alternate. Absent were: Robin Raiff, District 1; Carter Taylor, D' rict 2; (both unexcused); and John Blum, District 5 (excused). Others Present were: Jason Brown, Count Administrator; Bill DeBraal, Deputy County Attorney; Stan Boling, Director, Commu Development; Rich Szpyrka, Director, Public Works; Vincent Burke, Director, ities; John McCoy, Chief, Community Development; Dave Johnson, Fire Marshall; atrick Murphy, Current Development Planner; Ryan Sweeney, Senior Planner; Misty Pursel, Commissioner Assistant and Recording Secretary; and Mark, Site Construction perintendent, Laurel Homes. Call to Order and Welcome Chairman Robinson led the meeting to order at 9:07 a.m., at which time it was determined there was a q rum present. There w2fe none. ON MOTION BY Mr. Mechling, SECONDED by Mr. Burke, the Committee voted unanimously (10-0) to approve the minutes of September 19, 2018, as presented. Old Business a) Consideration of Updated Development Application Review Fees and Public Works Fees Mr. Stan Boling, Community Development Director, mentioned feedback about the process changes was positive and the new process going well. He reminded the committee members of the open door policy with staff and encouraged continued interaction for process improvements even after the Committee sunsets. 1 BCCC:\Users\kcharestWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\10.17.18 Minutes.doc 355 Mr. Boling summarized his Memorandum dated October 9, 2018, regarding Consideration of Updated Development Application Review Fees, Long Range Planning Fees, and Public Works Fees, a copy of same is on file in the Commission Office. Mr. Boling pointed out the three (3) main areas for the Committee's consideration: Attachment 1 - 2018 Initial Draft Fee Schedule Attachment 2 - 2004 Public Works Fee Schedule & Proposed 2018 Fee Schedule • Attachment 6 — 2 018 Long Range Section Initial Draft Fee Schedule Mr. Chuck Mechling, District 5 Representative, said after having the opportunity to speak with staff about the aforementioned schedules, although the suggested fees were a big expense, he believed the fees were justified and thought the industry needed to pay its fair share in the current market. He mentioned his desire to explore the concept involving the 125 percent on the maintenance at the end for a one-year time period, possibly being reduced to 120 percent (a 5 percent drop). He also reminded the Committee it had been a number of years since any adjustments to the fee schedules. Mr. Joe Paladin, District 2 Representative, expressed his opinion the fee schedules being reviewed were an improvement from what was in place and was in support of the changes. Chairperson Robinson, District 1 Representative, spoke to two issues: (1) The Building Department was an enterprise fund where the intent was the fees covered 100 percent of the costs for the Building Department. She continued wherein a vacant single-family residential used almost zero services from the County; such as police, fire, schools, etc., however, generated a significant amount of taxes every year. She shared she felt the development community was paying double since having been charged significantly on one side for staff time and then paying taxes on the other side, but not getting any services. (2) Public Works inspection fees were being based upon a percentage of the cost. She opined fees should be based upon time, making the fees measureable. She continued there was no control for how much it would cost for staff, given staff time was preset with staff salaries, overhead, benefits, etc.; providing a set fee. Chairperson Robinson relayed there was control over how much time was expended in the process and expressed concern with the amount of inspections, costs of inspections and re -inspections, as well as the time factor in Public Works and Engineering. She stated she was against any type of fees related to percentage of the cost of the project; fees should be related to the cost of the actual job. Mr. Stephen Melchiori, Alternate Representative, questioned why there was a fee to pay for a County Inspector, who had no liability, no responsibility, when the developer's engineer of record certified everything and placed their license on the line ensuring everything was what it should be. He did not understand why he was paying twice for the same inspection work being done twice. 2 BCCC:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\10.17.18 Minutes.doc 356 Chairperson Robinson introduced Mark, site construction superintendent for Laurel Homes to briefly talk about how inspections were handled in the past, versus how inspections were currently being conducted. Mark stated the current inspection process not only increased the cost of the project, but slowed the process down considerably. Chairperson Robinson asked if the current inspection process was affordable and in a cost benefit analysis, what percentage of the issues became a problem in effect to require the current level of inspection. She pointed out the level of Public Works inspections was what increased the proposed fees so dramatically. Mr. Rich Szpyrka, Director of Public Works stated the County maintained the level of inspection standards required by the Florida Department of Transportation. Chairperson Robinson asked why were both the County inspector and the project engineer required to be present. Mr. Szpyrka responded without verification detailing the developer's engineer inspecting what was required, the County inspector was responsible to certify adherence to the proper site construction standards. Mr. Greg Burke, Member -at -Large Representative, said if an inspector was at the job site every day, at a significant cost; yet, a civil engineer, who was not present every day at the job site was required to certify the completion of the inspections, and he believed the applicant's site inspector should be the responsible party and not the civil engineer certifying inspections. Mr. Melchiori complained he was paying two people to accomplish the same thing; wherein one person had no liability and the other person was being paid to certify the work. Chairperson Robinson stated she could not support any kind of fees based on percentage of construction and could not support tripling the cost. She continued because Public Works was not an enterprise fund, the lots approved were generating a significant amount of taxes, while not utilizing any of the services and that amount was more than the balance, she did not support the level of increase. Mr. Bruce Redus, District 4 Representative, stated the County was performing at a level not seen before as it seemed the review process was faster. He pointed out the County was not retrieving 100 percent of the cost as in an enterprise fund -type operation and subsidizing for a certain percentage of staff costs. He mentioned the fees were making it possible for the performance level and services. Mr. Mechling mentioned he thought there were two issues: (1) "Paying the Freight" with fees; and (2) procedure for field inspections. He proposed extending the Committee's sunset date for two additional meetings; given there were two meetings cancelled over the summer months, providing the opportunity to discuss more topics. Mr. Mechling stated he agreed with Chairperson Robinson; however, believed the fee structure methodology was a fair and equitable concept, pointing out there had not been any fee increases since 2004. 3 BCCC:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIB1\10.17.18 Minutes.doc 357 Mr. Boling said concept -wise, this meeting was the third meeting wherein discussions took place regarding basing fees on staffs actual costs and not including overhead, and by factoring in streamlining changes, recognizing less staff time for some of the reviews; although there would be additional fees for extra reviews for an incomplete application, etc. He stated fees had to be tied to something and this Committee agreed it would be tied to a more efficient process and to staff time, both for application reviews and Public Works site inspections. Mr. Boling explained development was a long-term product affecting many citizens, so the need for County inspections were essential. He posed questions such as, how much oversight was needed? What did the public expect? And what was delivered in the end? Mr. Jason Brown, County Administrator commented there had been a lot of discussion and wondered if there was a middle ground with inspection fees. He pointed out when all the other fees were calculated, there was no inspection time included in those fees. He continued last year staff had been added, without increasing the fees last year. Mr. Brown responded to Chairperson Robinson's comment regarding vacant single- family residential using almost zero services from the County; such as police, fire, schools, etc., however, generated a significant amount of taxes every year, was in the control of the State of Florida. Mr. Brown mentioned when the tax bill payment becomes due, it typically was a year and a half to two years later, generally with the lots in ownership of new residents by then. Mr. Mechling supported the concept of an adjustment to the fee schedule from 2004, to be fair and equitable. A short discussion ensued regarding affordable housing and housing that was affordable in Indian River County. Mr. Burke suggested going back to the previous three models discussed in a prior Committee meeting, the data included should show the costs for inspections. He reported with dollars values based on the size of the project, there would be a certain number of inspections to be performed at that cost, and any re -inspection would incur additional costs. He suggested a compromise of halfway with the percentage of construction costs. Mr. Bill DeBraal, Deputy County Attorney, asked how much did an average field inspection cost when factoring in the time, gas and the truck, depreciation on the truck, staff benefits, etc. Mr. Szpyrka responded he could provide the details; however, the attempt was to provide for some of the basic cost of inspections. Chairperson Robinson said those fees were irrelevant unless Public Works were to be set up to be an Enterprise Fund. Mr. Mechling proposed lowering the percentage amount with a review of that percentage in a year or two. 4 BCCC:\Users\kcharestWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIB1\10.17.18 Minutes.doc 358 Chairperson Robinson stated again she did not want to see fees based upon a percentage; but an inspection fee cost of where it was and halfway to where the County would like it to be. Mr. Paladin suggested a compromise to have the percentage amount phased in over a period of time. Chairperson Robinson said the problem with phasing over a period time was the building industry floated with the economy; whereas, the County's industry remained the same. Mr. Paladin agreed with Chairperson Robinson that the fees should not be based on a certain percentage. Mr. Brown reminded the Committee the primary building permit fees were based upon a percentage basis (.42 per thousand dollars of home value) and those fees had not been debated for a long time; appearing as though the percentage basis worked. Chairperson Robinson said when terms of real dollars and the impact that had on the community and on the industry, then it was the Commissioners who had to be responsible for that decision, whatever it was. Mr. Boling spoke to inspection fees, wherein the main focus of the County was always complying with state and federal requirements. He said Mr. Szpyrka had his protocols to follow to ensure compliance with proper site construction standards. Mr. Szpyrka noted when all was done by the builder, the County was responsible and wanted to be comfortable with the completed project as compliance -met. He stated Public Works did not collect much in the way of inspection fees, as it was an attempt to lessen the burden from the current funding source, the taxpayer. Mr. Burke asked if there was a better way to express the percentage. Mr. Szpyrka responded either hourly or percentage. Chairperson Robinson wished it recognized a significant amount of the "taxpayer burden" was in fact subdivisions bringing a tremendous amount of tax dollars and do not utilize any services for it. She surmised the inspection fee was another revenue stream so taxes would not need to be raised. She continued since Public Works was not a Enterprise Fund, but part of the General Fund, it was a part of the services received from'taxes — a benefit the building industry deserved. Mr. Boling commented there was not much of an economic incentive for developers to hold onto vacant lots. Mr. Brown attempted to dispel notions of the "ever increasing budgets of the County" by explaining during the downturn, the County cut 270 full-time positions from the County budget, not including constitutional officers i.e., Sheriff, Elections, etc., ending with the property tax revenue decreasing from 100 Million Dollars to 69 Million Dollars, during which time, County services were not cut, with the exception of the beach lifeguards. He continued during the 5 BCCC:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\10.17.18 Minutes.doc 359 downturn, the County opened a new fire station, which was already under construction, and opened a 30,000 square foot library (Brackett Library). He pointed out the County was currently back to the same property tax level in 2006, at the peak; however, the County had more people to serve, with inflation added. He also pointed out since the downturn, the County had opened three (3) additional fire stations, the cost of Save the Lagoon initiative and Save Blue Cypress Lake initiative, as well as other smaller initiatives, while catching up on past deferments; while at the same tax roll level as in 2006 and collecting the same tax dollars in 2006. Mr. Mechling gave as an example of why he was in favor of requesting two additional committee meetings, was to include discussion regarding a public benefit concept, such as bringing in tax dollars from building projects. He stated he felt in some of the existing rules, a little more flexibility as to what concepts were when defined, he would rather pay for the additional services to be able to have some other "amenities" such as the cost of maintenance bonds at the end phase, would help balance the costs. Mr. Christopher Murphy, Member -at -Large Representative, spoke to the proposed one percent (1%) fee structure for off-site improvements and said it was good for County staffs involvement with off-site improvements. He shared an idea to index the fee by the length of the local roadway and size of the pond, saying all subdivisions have a certain (unknown) common ratio of lots to roadway to pond; all interconnected. He continued by indexing the fee to the length of roadway, the bigger subdivision would require more roadway and would be more to inspect. Chairperson Robinson referred to Attachment 5, wherein the example was based on the 1 % on a 36 -lot subdivision on 23.62 acres; with a public works fee of $9,561. She pointed out as far as the fees; excluding engineering, most line items were almost doubled. She further pointed out the number ended up being less because it was not as big a number to begin with; however, it was still almost doubling. Mr. John Wesley Mills, District 3 Representative agreed in some ways with Chairperson Robinson and wished to point out a lot of the day-to-day, mom-and-pop commercial site plans fall under the minor site plan application and in his experience, a minor site plan was very similar to a major site plan as far as the review effort. He noted recently, every change through the major or minor site plan application process, during construction, was funneled through an administrative approval (AA), with $400 fee. He perceived lately everything was being funneled to make that change through major site plan to an AA. Mr. Mills .provided an example utilizing a fee structure from the City of Vero Beach wherein changes would typically fall under a code compliance letter with a cost of $50, rather than another $400 fee. He also referenced in Brevard County, when a small modification was made, a resubmittal to whoever was the project representative would be made and the change incorporated. Mr. Boling said one of the "judgment calls" staff made, as a typical practice, especially with a small project, was the project engineer advises of changes as they happen, waiting until the end to prepare one AA for all final modifications to the approved site plan, as opposed to handling each change with separate AA. He said communicating with staff to ensure 6 BCCC:\Users\kcharestWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIB1\10.17.18 Minutes.doc 360 acceptance was always welcomed and available; it depended how much changes -in -progress the project engineer was comfortable with. Mr. Mills asked if there was another way for a minor modification rather than going through the AA process for some of the minor changes through site planning. Mr. John McCoy concurred changes were inevitable, for whatever reason. He stated communications with the applicant generally and typically found that combining some of the minor changes were more efficient. He continued it had occurred through review of the physical plans and a more thorough vetting of the anticipated change(s) may pose the question to the project engineer and/or client whether to proceed with the available feedback then, or to pick up it all up at the end. Mr. Boling offered to review the City of Vero Beach's code compliance fee which could be added to the County's zoning confirmation letter category. Mr. Boling responded to Mr. Mills inquiry of whether the referenced code compliance practice take the place of an AA, saying it would be a different level of confidence for the project engineer and at the end, County staff wanted a record drawing; the site plan as modified. Chairperson Robinson referenced Attachment 2; wherein a typo was evident when reflecting $250 per acre, up to 20 acres; should reflect $250 per 20 additional acre increments; not per acre. Mr. Boling confirmed that change would be made. Chairperson Robinson asked what was involved from a staff perspective to issue a right-of-way permit. Mr. Szpyrka said it depended on what was being done; however, it would involve a review of the construction plans to ensure compliance with County Code. He confirmed when reviewing plans for a subdivision, the review was broken down to two inspections: by reviewing subdivision improvements and review of the improvements over County lands. He agreed to review further to reduce the fee. Chairperson Robinson noted on Attachment 5, most fees, with the exception of engineering, had increased by approximately 30 percent; wherein previous fee schedules included engineering inspections. She asked the Committee Members if they were comfortable with the 30 percent increase and excluding engineering fees for a "simple" right- of-way permit. The consensus of the Committee Members was the increase in the application review fee structure set forth in the agenda packet; not including proposed Public Works' inspection fees was reasonable. Chairperson Robinson asked the Committee Members to review the Public Works application review fees, excluding the inspection fees; wherein she expressed the proposed inspection fee increase was too much to absorb "in one bite" and cost prohibitive and reiterated her disdain with using percentages versus seeing hard numbers. She continued at 7 BCCC:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIB1\10.17.18 Minutes.doc 361 the end of the day the Board of County Commissioners needed to see the impact of what was being approved and be accountable for the end result of raising the cost of a lot for the homeowner. Mr. Paladin agreed one cannot be responsible for a number that was not known; one can only be responsible if the final number was known. He suggested the Public Works inspection fees had not been justified and perhaps phasing in the increase over a period of time. Mr. Melchiori reiterated his disdain with paying two people to do the same thing. Chairperson Robinson stated if the County chose to provide that many inspections, she did not believe the builder could afford it. Mr. Szpyrka said he was following the rules of the proper standards to ensure compliance with the Florida Department of Transportation Standards. Mr. Mills asked if there was a process to put into place where the engineers were providing some type of extra level of documents to the County in order to reduce the amount of resources the County had to dedicate to a project. Mr. Szpyrka responded he could look into possibly requiring at the beginning of the job, not the end, a contract from the developer ensuring an engineer would be present three times a week, four hours a day, or two hours a day for a decent level of inspection. A brief discussion of the members ensued regarding issues with inspections and master lot drainage plans. Mr. Boling questioned what the Committee can support in terms of public works inspections. Mr. Mechling also questioned the timing of the payment and whether the payment could be phased in over a certain time table. Chairperson Robinson suggested the inspection fees be paid at the end of the project, prior to the Certificate of Completion (COC). Mr. Szpyrka noted he was amenable to changing the time frame toward the end. Mr. Brown suggested the Public Works inspection fees be paid before the COC, with a three-year phase in; half of a percent for a year, then three quarters of a percent for a year, then in the third year, one percent. Chairperson Robinson suggested to begin the implementation process, a list of inspections required with associated costs be provided; with the understanding inspection fees did not cover 100% of the cost. A brief discussion of the members ensued regarding the engineer of record's responsibility in certifying construction plans. 8 BCCC:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\10.17.18 Minutes.doc 362 Chairperson Robinson stated she could not recall if the County had ever pulled an engineer's license or bonds pulled. Mr. Szpyrka gave example of a roadway failing after construction, four or five years later, when the developers gone and the County having to repair the damage. He continued he was not comfortable with signing off on any engineer's inspection on a County road right-of-way, or any County infrastructure. Mr. Robert Banov, District 4 Representative, stated he would rather argue fees and maintain the inspection process, citing experience with a improperly installed drainage pipe in his subdivision that became a problem after 10 years. ON MOTION BY Mr. Paladin, SECONDED by Mr. Murphy, it was recommended to accept the thirty percent (30%) increase to the individual fee structure, excluding Public Works inspection fees. UNDER DISCUSSION, Mr. Mechling referred to Attachment 6, wherein the fees were rolled into the numbers and asked about land use designation amendment. Mr. Boling responded it would, as example, be for expanding the urban service area, when changing from residential to commercial; land use changes. He further explained attempts to simplify the charge was to remove the acreage portion, because acreage did not change staff review times much. (10-0). THE CHAIRMAN CALLED FOR THE QUESTION, and the Motion passed unanimously ON MOTION by Mr. Paladin, SECONDED by Mr. Mechling, it was recommended the fee structure not be based on a percentage; but on dollar amounts associated with the specific inspection and that cost be reduced by a third of the current schedule of fees. UNDER DISCUSSION, Chairperson Robinson clarified re -inspections would be an extra fee and separate from the initial inspection fee. Mr. Mechling suggested reviewing how other counties set up their fee structure and perhaps the County could utilize some of the information already discussed and planned. Mr. Melchiori suggested the Public Works inspection fees be based upon per lot or unit, or square foot of pavement to quantify a number. Mr. Szpyrka agreed with Mr. Melchiori's concept for the Public Works fees to be based per lot or unit, because it would be easier to track. THE CHAIRMAN CALLED FOR THE QUESTION, and the Motion died (3-7 opposed). 9 BCCC:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\10.17.18 Minutes.doc 363 ON MOTION BY Mr. Paladin, SECONDED by Mr. Burke, the Committee voted 9-1 (Mr. Melchiori opposed); for the fee structure to be based upon $100 per lot for Public Works inspections for a single-family residential. ON MOTION BY Mr. Paladin, SECONDED by Mr. Redus, the Committee voted 9-1 (Mr. Melchiori opposed); for the fee structure be based upon $1,000 per acre for Public Works inspections for commercial. ON MOTION BY Mr. Paladin, SECONDED by Mr. Redus, the Committee voted 8-2 (Mr. Melchiori and Mr. Mechling opposed); for the fee structure be based upon $75 per unit for Public Works inspections for multi -family. Other Matters Chairperson Robinson asked for specific DRPPAC discussion items Com �Pftee Members wished to continue should the Board of County Commissioners (Board pprove more committee meetings. Mr. Banov suggested further discussions on the Review and Ins ction Process with the Building Department; wherein Chairperson Robinson suggested r. Banov begin initial discussion with the Building Department regarding specific ite and a follow up with Mr. Boling for further consideration and direction. Chairperson Robinson added item: to establish rocess whereby anything staff brings to the Board would include a cost benefit analysis s hen the Board voted on the issue, it had an idea how much money it would cost and how ' affects the general public. Mr. Mechling said his variety o . ems included (1) extended the meeting dates for DRPPAC for two additional meetin , 2) the planned development process and the benefit to the public; (3) landscaping con ' erations (current agenda item, not addressed); and (4) a concept of an ongoing corn tee; similar to the Professional Services Advisory Committee (PSAC), sunsetted in 0, for circumstances such as discussions on major changes, accomplishing a type bridge between government and the industry wherein a group could discuss and impl ent a process, as needed. Mr. aladin requested continued discussions on littoral zone slope requirements, as he was present at the September DRPPAC meeting and believed the issue warranted ad ' ional discussion and input regarding a possible compromise for slope requirements. 10 BCCC:\Users\kcharest\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\14HORIBI\10.17.18 Minutes.doc 364 Comparison Chart for Planning Development Application Fees APPLICATION TYPE CURRENT FEE (2004) 2017 CALCULATED' 2018 PROPOSED RE -REVIEW FEE ON STAFF COSTS PROPOSED Administrative Approval (AA) 200.00 532.00 400.00 100.00 Administrative Approval Fence/Wall 75.00 188.71 150.00 37.50 Minor Site Plan 650.00 1,393.47 1,100.00 275.00 Major Site Plan Staff Level Less than 5 acres 1,000.00 2,639.55 2,200.00 550.00 5-10 acres 1,200.00 2,600.00 650.00 10 acres or more 1,400.00 3,000.00 750.00 Major Site Plan Planning & Zoning Commission Less than 5 acres 1,000.00 2,939.55 2,500.00 625.00 5-10 acres 1,200.00 2,900.00 725.00 10 acres or more 1,400.00 3,300.00 825.00 Special Exception (includes site plan fee) Less than 40 acres 1,975.00 3,499.27 3,700.00 925.00 40-100 acres 2,475.00 4,600.00 1,150.00 Over 100 acres + 50.00 for each additional 25 2,675.00 5,500.00 1,375.00 acres over 100 acres Right-of-way Abandonment 700.00 1,248.33 1,000.00 250.00 Conceptual PD Less than 20 acres 2,075.00 3,090.17 2,700.00 675.00 20-40 acres 2,475.00 3500.00 875.00 Over 40 acres + 100 for each additional 25 2,575.00 4,500.00 1,125.00 acres over 40 acres Affidavit of Exemption (AOE) 1,000.00 2,612.83 2,200.00 550.00 PD Rezoning Less than 20 acres 2,075.00 3,653.17 3,000.00 750.00 20-40 acres 2,475.00 4,000.00 1,000.00 Over 40 acres + 100.00 for each additional 25 2,575.00 5,000.00 1,250.00 acres over 40 acres Plat Vacation 800.00 1,665.75 1,400.00 350.00 Appeal Staff determination 800.00 998.44 900.00 N/A By affected party 800.00 Project application 400.00 Pre -application Site Plan and PD* Free Free Free N/A * Continue policy of free site plan and Planned Development (PD) pre -application reviews and conference meetings. 365 F:\Community Development\Fee Schedules\2018 review\ComparisonchartforPlanningDevelopmentApplicationfees.docx APPLICATION TYPE CURRENT FEE (2004) 2017 CALCULATED' 2018 PROPOSED2 RE -REVIEW FEE ON STAFF COSTS PROPOSED Pre -application Subdivision 300.00 752.93 750.00 N/A Preliminary PD or Plat Less than 20 acres 1,150.00 1,901.27 Less than 20 acres 1,500.00 20-40 acres 1,250.00 20-40 acres 2,000.00 375.00 Over 40 acres 1,300 + 50 Over 40 acres 2,500.00 + 500.00 for each additional 25 acres 100 for each additional 25 625.00 over 40 acres acres over 40 acres Final Plat or PD 1,400.00 2,782.61 2,300.00 575.00 Temporary Use Permit 75.00 225.63 150.00 37.50 Temporary Use Renewal 75.00 101.16 100.00 N/A Zoning Confirmation Letter and Code 50.00 104.28 75.00 N/A Compliance Determinations Unity of Title Free 218.46 50.00 N/A Dissolution of Unity of Title 75.00 106.18 100.00 25.00 Temporary Suspension of Compliance for CO or Free 100.00 100.00 N/A CC (covered review/admin; (coveres review/admin; does did not cover extra not cover extra inspections inspections necessary necessary for final items for final items completed later) completed later) Variance 800.00 1,163.00 1,000.00 N/A CCCL/LONO Letter 125.00 -0- 200.00 N/A 'Note: The 2017 calculated fee was based on the cost in staff time and direct expenses where applicable for items such as advertising costs for an "average" application, including applications with complete and adequate responses for re -review and applications that require multiple re -reviews and additional staff time. No overhead factored -in. ZNote: The 2018 proposed fee is based on the cost in staff time and direct expenses where applicable for items such as advertising costs for an "average" application with complete and adequate responses for a single re -review. In other words, it is based on staff time/costs for an application that is a complete submittal with good follow-up responses and adequate revisions from the applicant. No overhead factored -in. Policy decision to keep site plan and PD pre -applications free. 3Note: Re -review fees apply at the time of the 2nd re -review (3rd staff review of project plans) and are charged for each subsequent review. A re -review fee is based on 25% of the initial application fee. Under this approach, applications that lack good preparation and follow-through will not only take longer in the review/re-review process but will cost applicants more for such applications. Similar re -review fees are used in other jurisdictions. Some of those jurisdictions charge 50% of 60% of the original application fee to cover additional staff costs and as a disincentive for inadequate applicant responses/revised plans. 366 F:\Community Development\Fee Schedules\2018 review\ComparisonchartforPlanningDevelopmentApplicationfees.docx Long Range Planning Application Fee Schedule Comparison Chart APPLICATION TYPE CURRENT FEE (2004) 2018 2018 PROPOSED COMMENTS CALCULATED* AVERAGE` Rezoning (RZON) - Less than 5 Acres $1,500.00 / f•.�� One application fee regardless of size - 5-40 Acres $2,000.00.,$3,215.00- W $3,000.00 - 41-100 Acres $2,300.00 l - More than 100 Acres *$2,500.00 $125.00 for each additional 25 acres over 100 acres Land Use Designation Amendment (LUDA) - Less than 5 Acres $3;000.00 jf 7 One application fee regardless of size - 5-40 Acres $31'800.00 ._ x$5,685.00 $5,000.00 - 41-100 Acres $4,000.00 *$4,000.00.. - More than 100 Acres for ,,,,'*$200.00 each additional 25acres over \,100 acres Luda and Rezoning - Less than 5 Acres .. ` I ` �. r'. One application fee regardless of size �`��,$3,800.00 - 5-40 Acres ff'" _ `.4 $4;100.00' •� �'� N/A $6,000.00 - 41-100 Acres i` �� - More than 100 Acres C-4'•� `'�t �`� $4,400.00"' **$4,500.00 �- **$200.00 for each �T additional 25 acres over 100 acres" Small Scale LUDA for property less than 10 $3,215.00 $3,000 Small scale LUDA has only acres in size '� 1 two public hearings and no review by state, similar to rezoning LUDA or RZON pre -application - $0 N/A $0 Policy: No charge Comprehensive Plan Text Amendment $2,600.00 $3,234.00 $3,000.00 (CPTA) Commercial and Multi -Family Concurrency $120.00 $159.00 $150.00 367 F:\Community Development\Fee Schedules\2018 review\2018 Long Range Section initial draft fees schedule.docx APPLICATION TYPE CURRENT FEE (2004) 2018 2018 PROPOSED COMMENTS CALCULATED* AVERAGE Application: Single -Family Concurrency $50.00 $76.00 $75.00 (RSF) Application: Impact Fee Refund $0 $0 Policy: No charge Application: Concurrency Determination $200.00 No change $200 Policy: no increase Appeal Application: Vested Right Appeal $400.00 , "No change $400 Policy: no increase Application for proportionate Fair Share *$325.00 No change,, *$325.00 Policy: no increase Mitigation **$580.00 **$580.00 ***$100.00 ***$100.00 *If link is in the CIE *If link is in the CIE ** If link is not in the ** If link is not in the CIE CIE ***additional link cost ***additional link cost Application: Impact Fees Individual $0 N/A $0 Policy: no charge Assessment Application: Traffic Impact Fees Credit $0. `-,N/A $0 Policy: no charge Agreement *Note: The 2018 calculated fee is based on the cost in staff time and direct'expenses where applicable for items such as advertising costs, postage, signs, etc. for an "average" application, including applications with complete and adequate responses for re -review. As a policy decision, overhead costs are not accounted for. l � 1 368 F:\Community Development\Fee Schedules\2018 review\2018 Long Range Section initial draft fees schedule.docx 2 Comparison Chart for Public Works Fees FEE SCHEDULE CATEGORY CURRENT AMOUNT PROPOSED AMOUNT Stormwater Permit (Type A) $450.00 $850.00 Stormwater Permit (Type B) $450.00 $850.00 Stormwater Permit (Type C) $100.00 $225.00 Single Family ROW & Drainage Review (Private) $45.00 $180.00 Single Family ROW & Drainage Review/ Permit (Public) $75.00 $180.00 Utility Right -of -Way Permit $350.00 $800.00 LDP Right -of -Way Permit $550.00 $800.00 Commercial R/W Permit (includes turn lanes, culverts, sidewalks) $300.00 $800.00 Commercial R/W Permit (no culverts, turn lanes, sidewalks) $300.00 $300.00 Re -inspection Fee (each occurrence) After 2nd Re -inspection N/A $400.00 Plan Review Fee (each occurrence) After 3rd Resubmittal N/A $400.00 Inspection Fee Single -Family Subdivision N/A $100 per lot Inspection Fee Major Site Plan Multi -Family Project N/A $75 per unit Inspection Fee Major Site Plan Commercial Project N/A $1,000 per acre Inspection Fee Commercial Subdivision N/A $1,000 per acre Land Development Permit (LDP) - Subdivision 0 - 5 Acres $2,000 $2,000 5 — 20 Acres $2,900 $2,900 20 — 40 Acres $3,900 $3,900 Over 40 Acres $3,900 + $250 per additional 20 acres $3,900 + $250 per additional 20 acres Land Development Permit (LDP) — Planned Development 0 - 5 Acres $1,500 $1,500 5 — 20 Acres $2,400 $2,400 20 — 40 Acres $3,400 $3,400 Over 40 Acres $3,400 + $250 per additional 20 acres $3,400 + $250 per, additional 20 acres Notes: 1. Inspection Fees for single family subdivisions and for commercial subdivisions will be due prior to issuance of a Certificate of Completion. For major site plan multi -family and commercial projects, inspection fees are due prior to issuance of a Certificate of Occupancy for the first project building. 2. For major site plan commercial projects and commercial subdivisions, the inspection fee shall be applied to fractional acreage amounts. For example a 1.7 acre commercial project/commercial subdivision inspection fee would be calculated as 1.7 x $1,000 = $1,700. F:\Community Development\Fee Schedules\2018 review\PublicWorkCompChart.docx 369 Total Fee Costs Comparison of Current & Proposed Development Review and Public Works Inspection Fees for a Sample Single -Family Subdivision 36 Lots on ± 24 Acres* Application Type Current Fee Proposed Fee Pre -application 300.00 750.00 Conditional Concurrency 120.00 150.00 Preliminary Plat 1,250.00 2,000.00 Land Development Permit (LDP) 3,900.00 3,900.00 LDP Right-of-way Permit 550.00 800.00 Public Works Inspection fee 0.00 3,600.00 Utility Right-of-way Permit 350.00 800.00 Final Plat 1,400.00 2,300.00 Total $7,870.00 $14,300.00 *Based on a recently developed "sample project" consisting of 36 single-family lots on 23.62 acres. F:\Community Development\Fee Schedules\2018 review\Com parisonofsubdivisioncurrentandpro posed.docx 370 Total Fee Costs Comparison of Current & Proposed Development Review and Public Works Inspection Fees for a Major Site Plan under 5 acres Application Type Current Fee Proposed Fee Pre -application $ 0.00 $ 0.00 Conditional Concurrency $ 120.00 $ 150.00 Major Site Plan $1,000.00 $2,200.00 Land Clearing $ 120.00 $ 120.00 Tree Removal $ 200.00 $ 200.00 Stormwater Permit A or B $ 450.00 $ 850.00 Utility Right-of-way $ 350.00 $ 850.00 Commercial Right -of -Way $ 300.00 $ 800.00 Public Works Inspection Fee* Multi -family major site plan $ 0.00 $1,800 ** project - OR — - OR— Commercial major site plan $4,000*** proj ect $ 0.00 Total $2,540.00 $6,970 MF ** -OR— $9,170 COMM*** *Public Works inspection fee due prior to issuance of first project C.O. (Certificate of Occupancy). All other fees are application review fees and are due at time of application submittal. **Assumed scenario: 4 acre multi -family site with 24 units at $75.00 per unit ***Assumed scenario: 4 acre commercial site at $1,000 per acre F:\Community Development\Fee Schedules\2018 review\Comparisonofsiteplancurrentandproposed.docx 371 RESOLUTION NO. 2018 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING REVISED DEVELOPMENT REVIEW FEE SCHEDULES FOR PLANNING AND PUBLIC WORKS. WHEREAS, the Board of County Commissioners has the authority to establish fees pursuant to Florida Statutes Chapter 125; and WHEREAS, development application review fees were last updated in 2004; and WHEREAS, an analysis of staff time and associated labor costs has been performed, together with policy decisions to undercharge certain development review and permit activities, as the basis for establishing revised and new fees for development review and related permit activities for Planning and Public Works; and WHEREAS, the updated fees were extensively reviewed by the Development Review and Permit Process Advisory Committee and were ultimately supported and recommended by the Committee: and WHEREAS, the Board of County Commissioners desires to appropriately assess costs of activities for development review and associated permit activities. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that the attached Planning fee schedule (see Exhibit "A") and the attached Public Works fee schedule (see Exhibit `B") are hereby adopted. The effective date of the fees contained in both fee schedules is March 1, 2019. Exhibits "A" and `B" are attached to and incorporated as part of this resolution. PASSED AND ADOPTED on this day of , 2018. The foregoing resolution was offered by Commissioner and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of 52018. 372 FACommunity Development\CurDev\RESOLUTION\2018 Resolutions\Resolution 2018-_ Fee Schedules.docx 1 ATTEST: RESOLUTION NO. 2018 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Chairman Board of County Commissioners Jeffery R. Smith, Clerk of the Circuit Court and Comptroller State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgements, personally appeared , and as DEPUTY CLERK TO JEFFREY R. SMITH, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State as aforesaid this day of , A.D., Notary Public APPROVED AS TO PLANNING MATTERS Stan Boling, AICP Community Development Director APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold County Attorney 373 FACommunity Development\CurDev\RESOLUTION\2018 Resolutions\Resolution 2018- Fee Schedules.docx 2 EXHIBIT "A" FEE SCHEDULE BCC Approved: 11-20-2018 Effective Date: 3-1-2019 Planning Development Application Fees APPLICATION TYPE FEE RE -REVIEW FEE' Pre -application Site Plan and PD Free N/A Pre -application Subdivision $750.00 N/A Administrative Approval (AA) $400.00 $100.00 Administrative Approval Fence/Wall $150.00 $37.50 Affidavit of Exemption (AOE) $2,200.00 $550.00 Minor Site Plan $1,100.00 $275.00 Major Site Plan Staff Level Less than 5 acres $2,200.00 $550.00 5-10 acres $2,600.00 $650.00 10 acres or more $3,000.00 $750.00 Major Site Plan Planning & Zoning Commission Less than 5 acres $2,500.00 $625.00 5-10 acres $2,900.00 $725.00 10 acres or more $3,300.00 $825.00 Special Exception (includes site plan fee) Less than 40 acres $3,700.00 $925.00 40-100 acres $4,600.00 $1,150.00 Over 100 acres + $50.00 for each additional 25 acres $5,500.00 $1,375.00 over 100 acres Conceptual PD Less than 20 acres $2,700.00 $675.00 20-40 acres $3,500.00 $875.00 Over 40 acres + $100.00 for each additional 25 acres $4,500.00 $1,125.00 over 40 acres PD Rezoning Less than 20 acres $ 3,000.00 $750.00 20-40 acres $ 4,000.00 $1,000.00 Over 40 acres + $100.00 for each additional 25 acres $5,000.00 $1,250.00 over 40 acres Preliminary PD or Plat Less than 20 acres $1,500.00 $375.00 20-40 acres $2,000.00 $500.00 Over 40 acres + $100.00 for each additional 25 acres $2,500.00 $625.00 over 40 acres Concurrent PD Rezoning/Conceptual Plan and Combine above N/A Preliminary Plan Request applicable fees and subtract $400.00 Concurrent PD Conceptual Special Exception and Combine above N/A Preliminary Plan Request applicable fees and subtract $400.00 Final Plat or PD $2,300.00 $575.00 374 F:\Community Development\Fee Schedules\2018 review\EXHIBIT A FEE SCHEDULE.docx EXHIBIT "A" FEE SCHEDULE BCC Approved: 11-20-2018 Effective Date: 3-1-2019 Planning Development Application Fees (Cont'd) APPLICATION TYPE FEE RE -REVIEW FEE' Temporary Suspension of Compliance for CO or CC $100.00 N/A (does not cover extra inspections necessary for final items completed later) Right-of-way Abandonment $1,000.00 $250.00 Plat Vacation $1,400.00 $350.00 Appeal by Affected Party $900.00 N/A Appeal of Staff Determination not related to $800.00 N/A development application Temporary Use Permit $150.00 $37.50 Temporary Use Renewal $100.00 N/A Zoning Confirmation Letter & Code Compliance $75.00 N/A Determination Unity of Title $50.00 N/A Dissolution of Unity of Title $100.00 $25.00 Variance $1,000.00 N/A Deminimus Variance (staff approval) $75.00 N/A LDR Amendment $1,500.00 N/A Development of Regional Impact Reviews Residential Less than 40 acres $3,300.00 N/A 40 acres or more + $150.00 for each additional 25 $3,300.00 N/A acres over 40 acres Commercial/Mixed Use Less than 500,000 sq. ft. of building area $3,900.00 N/A 500,000 sq. ft. or more + $300.00 for each additional $3,900.00 N/A 50,000 sq. ft. over 500,000 sq. ft. Substantial Deviation Same formula as N/A original fee Minor Amendment (NOPC) $1,500.00 N/A Annual Report Review (As State Law Provides) $500.00 N/A 'Note: Re -review fees apply at the time of the 2nd re -review (3rd staff review of project plans) and are charged for each subsequent review. Each re -review fee is based on 25% of the initial application fee. 375 F:\Community Development\Fee Schedules\2018 review\EXHIBIT A FEE SCHEDULE.docx EXHIBIT "A" FEE SCHEDULE BCC Approved: 11-20-2018 Effective Date: 3-1-2019 Long Range Planning Fees APPLICATION TYPE FEE Rezoning (RZON) $3,000.00 Land Use Designation Amendment (LUDA) (for property 10 acres in size and larger) $5,000.00 Luda and Rezoning Combination $6,000.00 Small Scale LUDA (for property less than 10 acres in size) $3,000.00 LUDA or RZON pre -application with staff $0.00 Comprehensive Plan Text Amendment (CPTA) $3,000.00 Commercial and Multi -Family Concurrency (conditional or initial/final) $150.00 Single -Family Concurrency (RSF) $75.00 Impact Fee Refund $0.00 Concurrency Determination Appeal $200.00 Vested Right Appeal $400.00 Application for proportionate Fair Share Mitigation *$325.00 **$580.00 ***$100.00 *If link is in the CIE ** If link is not in the CIE ***additional link cost Impact Fees Individual Assessment $0.00 Traffic Impact Fees Credit Agreement $0.00 Code Enforcement & Environmental Planning Fees APPLICATION TYPE FEE CCCL/LONO Letter $200.00 Alcoholic Beverage $75.00 Home Occupation $65.00 Declaration of Covenant $75.00 Release of Easement $120.00 Sign Permit (per sign, not including building permit fee) $60.00 Vacation Rental $250.00 Site Plan/PD CO Re -inspection fee (after 2 inspections, each occurrence) $50.00 Dune Vegetation/Maintenance Permit $130.00 Land Clearing (site plan, subdivision, PD) $120.00 Land Clearing (single family residence) $50.00 Tree Removal (site plan, subdivision, PD) $200.00 Tree Removal (single family residence) $50.00 Mining Permit (after site plan approval) $125.00 Pond Permit $150.00 Wetland Resource Permit $300.00 376 F:\Community Development\Fee Schedules\2018 review\EXHIBIT A FEE SCHEDULE.docx EXHIBIT "B" FEE SCHEDULE BCC Approved: 11-20-2018 Effective Date: 3-1-2019 Public Works Application Fees FEE SCHEDULE CATEGORY FEE Stormwater Permit (Type A) $850.00 Stormwater Permit (Type B) $850.00 Stormwater Permit (Type C) $225.00 Single Family ROW & Drainage Review (Private) $180.00 Single Family ROW & Drainage Review/ Permit (Public) $180.00 Utility Right -of -Way Permit $800.00 LDP Right -of -Way Permit $800.00 Commercial R/W Permit (includes turn lanes, culverts, sidewalks) $800.00 Commercial R/W Permit (no culverts, turn lanes, sidewalks) $300.00 Re -inspection Fee (each occurrence) After 2nd Re -inspection $400.00 Plan Review Fee (each occurrence) After 3rd Resubmittal $400.00 Inspection Fee Single -Family Subdivision $100.00 per lot Inspection Fee Major Site Plan Multi -Family Project $75.00 per unit Inspection Fee Major Site Plan Commercial Project $1,000.00 per acre Inspection Fee Commercial Subdivision $1,000.00 per acre Land Development Permit (LDP) — Subdivision Fees 0 - 5 Acres $2,000.00 5 — 20 Acres $2,900.00 20 — 40 Acres $3,900.00 Over 40 Acres $3,900.00 + $250.00 per additional 20 acres Land Development Permit (LDP) — Planned Development Fees 0 - 5 Acres $1,500.00 5 — 20 Acres $2,400.00 20 — 40 Acres $3,400.00 Over 40 Acres $3,400.00 + $250.00 per additional 20 acres Notes: 1. Inspection Fees for single family subdivisions and for commercial subdivisions will be due prior to issuance of a Certificate of Completion. For major site plan multi -family and commercial projects, inspection fees are due prior to issuance of a Certificate of Occupancy for the first project building. 2. For major site plan commercial projects and commercial subdivisions, the inspection fee shall be applied to fractional acreage amounts. For example a 1.7 acre commercial project/commercial subdivision inspection fee would be calculated as 1.7 x $1,000 = $1,700. F:\Community Development\Fee Schedules\2018 review\EXHIBIT B FEE SCHEDULE.docx 377 Estimated Annual Revenue Impacts from Proposed Fees Annual Public Works Inspection Fees (Proposed) PROJ NBR PROJ NAME 2001010025 79428 ARCADIA SUB FKA VERO VILLAGE SUB FKA SANDHILL ESTATES FKA THE SANCTUARY SUBDIVISION PHASE II 97080101 79738 HARMONY RESERVE PD FKA COVB ELECTRICAL 99110164 77722 INDIAN RIVER CLUB PD/PARCELS 7, 8 AND 9 99020110 80718 RIVER VILLAGE GRAND HARBOR PLAT 26 PH I & II FKA RIVER VILLAGE PODS S & T/GRAND HARBOR 2004010124 80445 WATERWAY VILLAGE PD 99070081 80228 POINTE WEST (MASTER PROJECT #) 99040238 80798 LOST TREE PRESERVE PD FKA LOST TREE VILLAGE CORP 98110046 81384 SERENOA SUB FKA WOODHAVEN 2016070128 80535 LAKE SAPPHIRE WEST SUB Total Final Plat Lots Total CO's for Multi Family Units Total CO's for Commercial Projects TOTAL 12 MONTH REVENUE IF FEES WERE IN EFFECT FOR PUBLIC WORKS INSPECTIONS AS NOW PROPOSED* *Does not include FPL Solar Farms and substation (hundreds of acres) Under Current Rates: Annual Public Works Inspection Fees: $ - Annual Planning Applicaiton Fees: $ 140,800.00 Annual Long Range Planning Fees: $ 82,060.00 Total: $ 222,860.00 ANNUAL DIFFERENCE: Under Proposed Rates: $ 99,425.00 $ 273,350.00 $ 118,800.00 $ 491,575.00 $ 268,715.00 378 -'-puacu rvv raoa Single ($100/ Single Family) Family ($75/ Multi Family) Lots ($1,000/ acre commercial) PLTF RELEASED 36 $ 3,600.00 PRDF RELEASED 85 $ 8,500.00 PRDF RELEASED 18 $ 1,800.00 PRDF RELEASED 23 $ 2,300.00 PRDF RELEASED 78 $ 7,800.00 PRDF RELEASED 68 $ 6,800.00 PRDF RELEASED 82 $ 8,200.00 PLTF RELEASED 48 $ 4,800.00 PLTF RELEASED 18 $ 1,800.00 456 $ 45,600.00 119 $ 8,925.00 Acres 44.9 $ 44,900.00 $ 99,425.00 Under Current Rates: Annual Public Works Inspection Fees: $ - Annual Planning Applicaiton Fees: $ 140,800.00 Annual Long Range Planning Fees: $ 82,060.00 Total: $ 222,860.00 ANNUAL DIFFERENCE: Under Proposed Rates: $ 99,425.00 $ 273,350.00 $ 118,800.00 $ 491,575.00 $ 268,715.00 378 Development RFee i for Planning and Public Works mw Include a variety of application types: Planning: site plans, subdivisions, Planned Developments, temporary use permits, zoning confirmation letters, comprehensive plan amendments, rez♦ ♦ ♦ !. clearinq, tree removal, wetland resource. Public Works: right-of-way permits, land development permits, and proposing new site construction inspection fees for subdivisions and major site plan projects go �► current development review fees for Planning and Public Works last updated in 2004. Prior to that the last update was 1990. �► current fees significantly less than fees charged by other counties. �► Staff review time/casts not covered by current fees; update is warranted. June 2017 Board of County Commissioners considered updated draft fees calculated by staff: deferred action: ultimately directed review by Development Review and Permit Process Advisory Committee. Committee work started October 2017, first focused on improving and streamlining development review process. Process improvements/streamlining put into effect May 2018. During Committee summer recess, staff calculated updated development review fees based on: m Staff review time/costs under streamlined process m Charging complete/responsive applications a lower, "base" fee plus an additional re -review fee (25% for "base" fee) m Additional re -review fee kicks in on 3rd staff review of plans (at the time of the second re -review) W Results: "Base" fee lower than 2017 draft update fees. Additional fee for extra re -reviews logical way to assess review time costs. By policy some fees kept low or no charge (site plan and PD pre -applications, local environmental permits, variances, appeals). Proposed fee increases cover some but not all staff time/costs and do not factor -in overhead costs. County comparisons 1. Site Plan Pre- $0 $0 $2,135 $250 application y ' (credit) 2. Major site plan (4 acres) $2,200 (staff) Or $2,500 (PZC) (re -review: $550 or $625) $58011 $12,000 13. Preliminary Plat $950 -, $2,000 $7,785'; . (25 acres, 50 lots) 4. Final Plat (25 acres, 50 lots) $2,400 (PD) Public Works proposed site construction inspection fees Applies to major site plan projects (commercial, multi -family) and subdivisions. Other counties use percent of site construction costs (typically 1.5% - 2.5%) . w Originally proposed tiered system, then I% project cost. w Compromise with Committee: use per lot, per unit, per acre rate instead of percent of construction cost. m Proposal: $100 SF lot $ 75 MF unit $1,000 per acre commercial Impacts on Development Project Costs -)ingie r-amny 3uaaivisaur i ,pi ,U/ v (36 lots on 24 acres) $218 per lot 1L Major site plan multi -family $2,540 (24 units, 4 acres) $105 per unit $ 14,300 $397_ per lot $6,970 $290 per unit Major site plan commercial $2,540 ; $9,170 (4 acres) _ $635 per acre $2,292 per acre ♦i A w Proposed Effective Date of New Fees: March 1, 2019 w Supported by staff and Development Review Committee w Proposed resolution with effective date Recommendation: That Board adopt the proposed resolution, effective date March 1, 2019. fees and z� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Sasan Rohani, AICP Chief, Long -Range Planning DATE: October 30, 2018 RE: Consideration of the Gifford Neighborhood Plan Annual Report Card for 2018 It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of November 20, 2018. DESCRIPTION AND CONDITIONS From May 2013 through July 2014, the county performed an update of the 2002 Gifford Neighborhood Plan. The updated plan was adopted by the Board of County Commissioners on July 15, 2014. That plan was the culmination of a grass roots effort by the Progressive Civic League of Gifford, Gifford residents, and Indian River County to improve the quality of life and economic conditions for Gifford residents. Through considerable interaction with residents of Gifford at community meetings, county staff prepared the neighborhood plan which presents a strategy and a series of actions to address issues, concerns, and opportunities identified by Gifford residents. Approval of the plan committed the Board (as well as other responsible parties) to undertake specific actions identified in the "action plan" section of the overall neighborhood plan. Action 1.5 of the plan states the following: "Each year, through 2020, the County Planning Division will provide a Gifford Neighborhood Plan 2014 action plan/implementation plan "report card" to the Progressive Civic League of Gifford and will present the report card to the Board of County Commissioners at a Board of County Commissioners meeting". This report and the attached implementation matrix "report card" constitute the fourth annual report card for the Gifford Neighborhood Plan 2014, and has been provided to the Progressive Civic League of Gifford. The Board is now to review the attached Gifford Neighborhood Plan annual report card for 2018. 379 ANALYSIS The Gifford Neighborhood Plan 2014 is a 108 page plan that contains an introduction and description of the planning process, data (existing conditions), analysis, action plan, implementation and funding sections, and appendices containing reference information including a history of Gifford. Following its July 15, 2014 approval, the plan has been implemented as specified in the plan's action plan and implementation sections. • Action Plan. The action plan section (strategies, objectives, and actions) is "the heart" of the neighborhood plan (attachment # 2). As structured, the action plan contains 15 objectives that relate to major issues and topics identified during community meetings. Following is the list of the neighborhood plan objectives in the order presented in the plan: 1. Communication/Coordination 2. Housing Rehabilitation/Property Maintenance 3. Demolition/Repair of Dilapidated and Unsafe Structures 4. Housing Ownership 5. Economic Development/Employment/Technical Training 6. Illegal Uses, Non -conformities, and Land Use Compatibility 7. Sidewalk Improvements 8. Street Maintenance 9. 45th Street/ MLK Blvd "Main Street" Beautification and Improvements 10. Traffic/Safety Improvements 11. Drainage Improvements 12. Street Lighting 13. Park Improvements 14. Funding 15. Crime Prevention/ Law Enforcement. Under each objective, there is a set of specific actions that contribute to meeting the objective. Each action item identifies a specific action, a responsible party or parties, and either a completion date (year) or an indication that the action is to be implemented on an on-going basis. Responsible parties identified in the action plan include: the Planning Division, the Public Works Department, the Parks Division, Code Enforcement, the Progressive Civic League of Gifford, the School Board, Indian River State College, Road and Bridge, Traffic Engineering, Indian River Farms Water Control District, the Metropolitan Planning Organization (MPO), the Health Department, the Sheriff's Office, the County Attorney's Office, and the Indian River County Chamber of Commerce. Overall, the plan contains 82 specific actions. Community Development Department staff has coordinated with all responsible departments, entities, and the Progressive Civic League of Gifford to ensure implementation of the plan's actions. As shown on the attached "report card" matrix (attachment # 1), of the 82 actions in the plan, 29 had 2014, 2015, 2016, 2017, or 2018 due dates and all of those actions were completed or are in progress. There are three actions with 2018 due dates that are in progress; one element of one of those actions (Action 7.3) is on hold and is re -stated below. 2 380 "Action 7.3 — By 2018, the County Public Works Department will repair, connect, and construct the sidewalk along 45th Street, from 43rd Avenue to U.S. #1 and by 2021 along 45th from 43rd Avenue to 58th Avenue, where necessary right-of-way is available (has been acquired). The County will seek to install segments of a 45th Street sidewalk between 43rd Avenue and 58th Avenue prior to 2021." As reported at a 2017 PCLG meeting, and as reported to the Board last year, the 45th Street sidewalk connection to U.S. lin the vicinity of the railroad is not possible at this time due to the timing of All Aboard Florida/Brightline proposed improvements that preclude sidewalk construction at this time. To be re -considered as All Aboard Florida/Brightline improvements move forward. This action is currently on hold. A sidewalk between 43rd and 58th Avenue does not exist. Design of this segment of 45th Street roadway and sidewalk was awarded on February 6, 2018. Design will take 6 to 9 months and construction 12 months after design. This item may be completed ahead of the 2021 date. The other "in progress" action is Action 11. 8, re -stated below. "Action 11.8 — By 2018, the County's Public Works Department will coordinate with the Indian River Farms Water Control District (IRFWCD), identify any appropriate safety barriers along canals in Gifford that are warranted by accident data and that the District will allow, and report its findings to the Board of County Commissioners and the Progressive Civic League of Gifford. Findings shall include an evaluation of culverting improvements associated with Action 9.3. " This action is in progress. Public Works needs additional time to coordinate with the Indian River Farms Water Control District (IRFWCD) to identify appropriate safety barriers along canals. The completion date of action 11.8 should be changed to 2019. Action 9.3 — By 2018, the County will improve and beautify the segment of 45°a Street from 43rd Avenue to U.S. #1 with "Phase 2" improvements consisting of the following: • Culverting certain portions of the canal on the south side of 45'h Street • Landscaping improvements along the south side of 45`h Street in the culverted areas, where appropriate The project scope has been developed and design is complete. The project includes sidewalk and full culverting (above and beyond the scope of improvements called — out in Action 9.3). The project was originally advertised for bidding of construction services in April 2018. The bid received exceeded the project estimate by $900,000. The County is pursuing an approach to get bids down in price. The project has been re -bid and staff's recommendation is being taken to the Board in November 2018. Once a new bid has been awarded and construction commences, the project will take 9 to 12 months to construct. Change completion date to 2019 to reflect re -bid and actual construction timeframe. There are 42 ongoing actions in the plan that require periodic implementation. All 42 ongoing actions have been completed and continue to be implemented (100%), including on-going communication between staff, community leaders, and community residents. Larger projects called for in the action plan, such as the 45th Street beautification project, were completed ahead of schedule. With that project, staff from several departments "stepped up" to 3 381 obtain funding, design the project, obtain easements, adjust or expand project scope, and implement construction of improvements. Since 2014, a limited number of action items were delayed for specific reasons as approved by the Board. For each of the few items delayed, new deadlines are in place. Some actions were completed ahead of schedule and some items were expanded in scope during implementation. Finally, some significant improvements have been made in the Gifford area since 2014 that are not referenced in the Action Plan. Such improvements include projects at the Victor Hart Sr. Complex. Following is a summary of the implementation of the Gifford Neighborhood Plan actions. Action Timeframe # of Actions Actions Actions in Actions Not Implemented Progress or on Due Yet hold Ongoing 42 42 ---- ---- Completion date between 29 27 3 ---- 2014-2018 Completion date after 11 6 ---- 6 2018 Total 82 75 3 6 FUNDING Implementation of the Gifford Neighborhood Plan 2014 will continue to require use of various current and future funding sources. Funding sources include the General Fund, gas taxes, sales taxes, the MSTU, grants, and other appropriate funding sources. Beginning in 2014, larger projects in Gifford were incorporated into the County's Capital Improvements Element (CIE) and that practice continued in 2015, 2016, 2017, and is included in the draft 2018 CIE update. The Board will consider the full CIE update in December. An updated copy of the draft Gifford Neighborhood Plan Schedule of Capital Improvements 2018 is attached (attachment #3). CONCLUSION The neighborhood plan's "action plan" section contains a total of 82 actions; each action is related to an objective and is structured to identify a specific task, a responsible party or parties, and a completion date or indication that implementation is on-going. For the 2018 "report card" period, all actions with a 2014, 2015, 2016, 2017, or 2018 due date and all ongoing actions have been completed or are in progress. Where appropriate, updated completion dates have been added to certain "in - progress" items as described in this report. RECOMMENDATION Staff recommends that the Board of County Commissioners review and accept the Gifford Neighborhood Plan 2018 implementation report card. ATTACHMENTS 1. Implementation Matrix "2018 Report Card" 2. GNP Action Plan (strategies, objectives, and actions) 3. Draft 2018 CIE Gifford Neighborhood Plan Items FACommunity Development\Gifford Plan\Staff Reports\GNP 2018 Report Card- BCC agenda itein 11-20-2018.doc 4 382 GIFFORD NEIGHBOR1400D PLAN 2014 IMPLEMENTATION MATRIX All Actions Sorted by Date Action Type of Action Responsibility Responsibility Timing Action Status Primary Secondary (Date Action Completed) 5.7 Set up Career Source Mobile Career Source PCLG Ongoing Done Unit in Gifford 5.3 Attract Business to Gifford Chamber of Ongoing Done (Enterprise Zone) Commerce 5.4 Provide Incentives to Chamber of Planning Ongoing Done Businesses Locating Within Commerce Enterprise Zone 5.5 Provide Technical Assistance Chamber of Planning Ongoing Done to Minority Businesses Commerce 5.8 Hold Annual Chamber of PICLG Ongoing Done Job/Apprenticeship Fair Commerce 5.13 Educate Residents Regarding Chamber of Planning Ongoing Done Enterprise Zone Commerce 6.1, Conduct Code Enforcement Code Sheriff's Ongoing Done Sweeps Enforcement Office/Health Department 6.2 Conduct Code Enf. Action Code Ongoing Done Against Illegal Uses Enforcement 6.3 Conduct Code Enforcement Code, Ongoing Done 'Monitoring Enforcement I 15.2 Concentrate Code Code Sheriff's Office Ongoing Done ,Enforcement on sites With Enforcement Code Violations Contributing to Crime 15.5 Attend COPE Meetings Code Ongoing Done Enforcement 5.12 Ensure Availability of Gifford Youth Ongoing Done Computers to Community Activity Center 113 Maintain Canals IRFWCD Ongoing I Done 383 AMCHMENT 1 Action Type of Action Responsibility Responsibility Timing Action Status Primary Secondary Date Action Completed) 7.1 Determine Funding MPO Public Works Ongoing Done Opportunitiesfor Sidewalks 13.3 Maintain a Security Unit at Parks Division Public Works Ongoing Done Gifford Park 13.4 Maintain Gifford Park Parks Division Public Works Ongoing Done Ballfields 13.5 Maintain, Replace, and Repair Parks Division Public'Works Ongoing Done Gifford Park and Hosie Schumann Park Playground Equipment 2.5 Assist with forming PCLG Planning Ongoing Done Neighborhood Association - .Assistance provided as needed (Property Maintenance 2.6 Organize Community Day PCLG Ongoing Done (3/21/15) Cleanups 5.11 Host Community Meeting with PCLG School Board Ongoing Done (1/30/2015) School District Staff 11.5 Monitor Stormwater Facilities PCLG Residents Ongoing Done and Report Issues 11.6 Monitor Culverts/Ditches and PCLG IRFWCD Ongoing Done Report Problems 1.1 Maintain Gifford Interested Planning Ongoing Done Parties E-mail List 1.2 Notify Interested Parties of Planning Ongoing Done Any Applications 1.3 Maintain Gifford Information Planning Ongoing Done link on County Website 1.4 Conduct Information/Input Planning Ongoing Done Meetings for County Projects in Gifford 2.3 Distribute SHIP Information Planning Ongoing Done Package 2.4 Target SHIP Rehabilitation. Planning Ongoing Done Assistance for East Gifford 3m, 1 384 Action Type of Action Responsibility Responsibility Timing Action Status Primary Secondary Date Action Completed) 4:1 Present Housing Information Planning Ongoing Done to Gifford Residents 4:2 Host Housing Fair Planning Financial Ongoing Done Inst./PCLG (11/2/2015) 1:5 Present Annual GNP Actions Planning Public Works Ongoing Done Report Card 5.1 Promote Commercial and Planning Building Ongoing Done Industrial Development in Gifford 5.2 Provide Incentives to Planning Vero Beach Ongoing Done Businesses That Want to Airport. Director Locate at Airport Property 11A Coordinate with IRFWCD Public Works IRFWCD Ongoing Done Stormwater Facilities 5.10 Hold Procurement Workshops Purchasing Ongoing Done in Gifford Division 8.4 Repair Potholes on Publicly Road and Bridge Public Works Ongoing Done Dedicated Streets 8.1 Monitor Street Conditions Road and Bride Public Works Ongoing Done 8.2 Repair or Resurface Publicly Road and Bridge Public Works Ongoing Done Dedicated Roads 15.1 Allocate Law Enforcement Sheriff's Office Ongoing Done Resources 15.3 Enforce Posted Speed Limits Sheriff's Office On oin Done 15.4 Enforce Against.Noise, Sheriff's Office Ongoing Done Violations 10.1 Monitor Traffic Volumes and Traffic Public Works Ongoing Done Accident Rates Engineering 3:1 Identify Dilapidated Housing Code PCLG 2014 Done Units to be Fixed or Enforcement Demolished in Gifford 13.9 Apply for Grant for Trail at MPO Health 2014 Done Martin Luther King Park Department 6.4 Revise LDRs Prohibiting Plasuun 2014 Done AIRACHMrur 385 Action 'type of Action Responsibility Responsibility 'riming Action Status Primary Secondary Tate Action Completed) Specific Industrial Operations in West Gifford Area 9.1 Design Improvements and Public Works MPO 2014 Done Beautification for 45`h Street 5.14 Provide Chamber Membership Chamber of 2015 Done Discounts Commerce 3.2 Develop and Distribute user Code Building Division 2015 Done friendly Brochure for Property Enforcement Maintenance and Code Enforcement 13.1 Make Improvements at Hosie- Parks Division Public Works 201.5 Done Schumann Park 14.4 Apply for Recreation Parks Division Public Works 2015 Done Development Assistance Program Grants FRDAP 9.4 Coordinate with Owners on PCLG Public 2015 Done ROW or easement for 45`" Works/MPO Street Beautification 3.4 Identify Ways to Stabilize Post Planning Building Division 2015 Done' Demolition Sites 5.6 Request Vocational Training Planning School 2015 Done (1/30/2015) Expansion Board/IRSC 6.5 Revise LDRs to Allow Planning 2015 Done (9/20/2016) Food/Produce Vendors on Weekends in Designated Areas 12.1 Develop a Plan for Street Public Works PCLG 2015 Done Lighting 14.3 Apply for Transportation Public Works MPO 2015 Done Alternatives Funds 5.9 Request Coordination on School District PCLG 2015 Done (1/30/2015) Minority Teacher Recruitment, Zero Tolerance Policy, Other School Related Issues [2--2 Commit, SHIP Funds for Planning 2016 Done Housing Rehabilitation r * nclA.Rw 1 386 Action Type of Action Responsibility Responsibility Timing Action Status Primary Secondary Date Action Completed) 9.2 Improve and Beautify 45th Public Works MPO 2016 Done Street from U.S. #1 to 43rd Avenue 13.2 Make Improvements at Gifford Public Works Parks Division 2016 Done Park 10.3 Identify Appropriate School School District Public Works/ 2016 Done Zone Safety Improvements Planning 13.7 Ensure Safety of Parks and Sheriff's Office School 2016 Completed Schools District/Residents/ PCLG 12.2 Improve Street Lighting at 41 st Public Works 2017 Completed Street/32nd Avenue Intersection, and 491h Street 13.6 Design Redevelopment Plan Solid Waste Public Works 2018 Completed for Old Landfill Site Solid Waste staff worked with the TCRPC and prepared a set of Redevelopment Plan options for the Former Gifford Road Landfill Site. Options provided to the BCC on May 22, 2018. Conceptual multi -phase redevelopment plan approved to be finalized. BCC approved pursuing phase I frontage improvements and, open field as stand alone project. Implementation subject to Board approval and funding availability. 11.7 Develop Scope for Culverting Public Works IRFWCD 2018 Completed Canal on South. Side of 45th Street 11.8 Identify Appropriate Safety Public Works IRFWCD 2414 In Progress Barriers at Canals 2019 Change completion date to 2019 due to complexity of task'and staffing workload. 3.3 Demolish and Replace Unsafe Planning Building 204-8 Completed (Ongoing) and Dilapidated Units in Ongoing On July 10, 2018 BCC approved submitting a CDBG 'Gifford with CDBG Funds Housing rehabilitation grant application by August 13, 2018. Demolitions completed through 2018. 387 Action Type of Action Responsibility Responsibility Timing Action Status Primary Seconds Date Action Completed) Ongoing: since 2011, 43 dilapidated housing units were demolished in the Gifford Area. It is done on case by case basis. Gifford residents and leaders need to continue reporting dilapidated units to the Building Division for inspection and evaluation. Staff will, take advantage of all opportunities and grants to implement this action. This action should be changed to ongoing to ensure continued progress. 7.2 Repair and Connect Sidewalks Public Works MPO 2018 Completed Along 43rd Ave between 41St There is a complete sidewalk network from 41" to 491h and 49th Street Street on 43rd Avenue. Repairs to this sidewalk, as needed, will be complete by the end of 2018. 9.3. Improve and Beautify 45th Public Works MPO 28.1-8 In Progress Street with Partial Culverting 2019 Scope developed and design is complete. Includes and Landscaping (Phase 2) sidewalk and full culverting (above and beyond GNP items). Project advertised for bidding of construction services in April 2018. Bid received exceeds project estimate by $900,000. The project has been re -bid: and staff's recommendation is being taken to the Board in November 2018. The project will take 9 to .12 months to construct. Change completion date to 2019 to reflect re -bid, and actual construction.timeframe. 11.1 Identify Neighborhood Public Works 2018 Completed Drainage Problems This action is completed and the result was the East Gifford Drainage Project to address drainage issues. This project will be bid for construction by May 2018 and construction is anticipated to take 4 to 6 months to complete. This Action will be complete in 2018. 13.8 Evaluate and Consider Public Works 2018 Will be completed in 2018 'Feasibility of Boat Ramp at Gifford Dock Park 388 Action Type of Action Responsibility Responsibility Timing Action Status Primary Seconds Date Action Completed) 10.2 Signalize 581h Avenue/451h Public Works 2019 Completed - 45 1h St./58th Ave Street and 58`h Avenue and 49 St./58th Ave will be done by developer in 2019 49th Street 2.1 Apply for CDBG Grant for Planning 2019 Completed Rehabilitating Substandard On July 10, 2018, BCC approved submitting CDBG Housing Units Housing rehabilitation grant application. 11.2 Maintain Stormwater System, Public Works 2019 Completed Build Outfalls for the east County performing maintenance asneeded; see action Gifford area to 41" Street 11.1 for details on East Gifford Drainage Project. retention pond 14.5 Implement Stormwater Public Works 2019 Completed Improvement Project Being implemented as described in actions 11.1 and 11.2. 8.3 Resurface 45th Street Public, Works 2020 Completed 45th Street beautification project completed in 2016. 7.3 Repair and Connect Sidewalk Public Works 2021 In Progress along 451h Street, from 58th Sidewalk between 43rd and 58th Avenue does not exist. Avenue to 43rd Avenue Design of this segment of roadway and sidewalk was awarded on February 6, 2018. Design will take 6 to 9 months and construction 12 months after design. May be completed ahead of 2021 date. Repair and Connect Sidewalk As reported at PCLG meeting, the US -1 sidewalk along 45th Street, from 43rd 2014 connection is not possible at this time due to the issues Avenue to U.S. #1 On Hold at the RR Crossing and timing with All Board Florida/Brightline improvements. To be re -considered as these improvements move forward. 14.1 Consider Community County 2022 Requires forming a new taxing district; impacts Redevelopment Agency Attorney's Office revenues available to residents; and requires forming (CRA) or Tax Increment and running a special board. Practically, the CRA Financing would have a small benefit outweighed by the set-up and operating costs. 9TACHMW 1 389 Action Type of Action Responsibility responsibility Timing Action Status Primary Secondary Date Action Completed) In 2016, implementation date changed to 2022. 14.2 Consider.Safe Neighborhood County 2022 Requires forming a new taxing district; impacts Improvement Districts Attorney's Office revenues available to residents; requires property owners to form an association and get incorporated and have consent of at least 75% of all property owners_ in the district, by referendum, by incorporate CRA process, or by a process that require a government oversight board. Practically, the Safe Neighborhood Improvement Districts would have a small benefit outweighed by the set-up and operating costs. In 2016, implementation date changed to 2022. 8.5 Seek Right of Way Donations PCLG Public Works 2022 Completed (un-plaited streets) PCLG coordinated with staff and did seek ROW donations but were not able to help obtain needed ROW at this time. New opportunities may arise in future. In 2016, implementation date changed to 2022. 8.6 Pave 32"d Avenue North of Public Works 2024 Hold 43rd Street and 35th Avenue No ROW available North of 45' Street; if ROW In 2016, completion date changed to 2024 available 7.4 Provide Sidewalks along 41St Public WorksMPO 2024 Street and 49th Street FACommunity Development\Gifford Plan\2014 update\GNP 2014 Implementation\GNP Main 2024 Imp. Matrix sorted by date-2018.doc F�� 390 Gifford. Neighborhood Plan 2014 NEIGHBORHOOD ACTION PLAN The neighborhood action plan component of the Gifford Neighborhood Plan 2014 identifies plan goals, strategies to achieve each goal, and actions to be taken to implement the plan. As structured, the plan is results oriented, with specific actions programmed for implementation. Gifford Neighborhood Plan Goal The .goal of the Gifford Neighborhood Plan 2014 is to revitalize the Gifford area as .a safe community, maintaining its traditions ("Gifford Forever"), with good quality housing, adequate physical infrastructure, well maintained neighborhoods and public spaces, sufficient economic opportunities, and vibrant community activities. Gifford Neighborhood Plan Strategies For each major issue identified in the Analysis Section of this plan, an overall strategy has been developed. Each strategy provides a blueprint for addressing the issue, solving identified problems, and pursuing desired opportunities. Associated with each strategy are objectives and actions. While the strategies establish the general framework for addressing each issue, objectives associated with each strategy set reasonable accomplishments to be met by specified time frames. Related to each objective are actions to be undertaken by appropriate parties. Those actions, when undertaken, should lead to accomplishment of the objectives. Because the Gifford Neighborhood Plan 201.4 is a coordinated effort among a number of groups, there are several agencies/organizations with responsibility for taking actions identified in the plan. Only through the coordinated efforts of these agencies/organizations,can the plan's objectives be met. ACHMFNT Z Community Development Indian River County 67 391 Gifford Neighborhood Plan 2014 COMMUNICATION & COORDINATION Communication and Coordination Background and Strategy: Currently, the County has a general policy of maintaining good, reliable, and ow -going communication with Gifford residents and interested parties regarding County -related plans and activities that affect the Gifford area. The County needs to formalize and expand that general policy by maintaining existing communication/coordination procedures and by broadening information access and input opportunities for Gifford. residents and interested parties with respect to County activities that affect the Gifford area, and by incorporating those procedures and opportunities into this plan., Obiective 1. Communication and Coordination By 2015, an enhanced communication and coordination process will be in place regarding County activities that affect the Gifford area. Action 1.1: The County will maintain and continually update its "Gifford Interested Parties" e-mail group, and will add any party that requests to be added to that e-mail group. Action 1.2: The County will notify by, e-mail every party on the "Gifford Interested Parties" e-mail group of any application for a proposed development project in the Gifford area scheduled for review by the County's Technical Review Committee, Planning and Zoning Commission, and Board of County Commissioners. Action 1.3: The County will maintain a "Gifford" informational link on its website w. i rccdd.com), including items such as this plan, reports on major projects and development proposals in Gifford, and "report card" presentations (see action 1.5 below). Action 1.4: The County will hold an information and input meeting,in Gifford for any significant development regulation initiative in Gifford and for any significant proposed County project within Gifford, including roadway and intersection expansions, major parks and beautification projects, and new County buildings and community facilities. The County will invite any applicant proposing a significant land use or zoning change in Gifford to conduct a presentation and input meeting in Gifford, with County staff in attendance. Action 1.5: Each year, through 2020, the County Planning Division will provide a Gifford Neighborhood Plan 2014 action plan/implementation plan "report card" to the Progressive Civic League of Gifford and will present the report card to the. Board of County Commissioners at a Board of County Commissioners meeting. Community Development Indian River County 68 392 Gifford Neiahborhood Plan 2014 Housing Background and Strategy: One of the most significant and most visible problems in Gifford is poor housing conditions, especially in the east Gifford area. To address that issue, the County, the Progressive Civic League of Gifford, Gifford residents, non-profit groups, and private sector interests will need to support or engage in: the ,rehabilitation of substandard housing units, remove dilapidated units and unsafe structures, and build new housing. As part of that effort, the County's role will be to provide state and local funds for housing rehabilitation and new construction, to undertake or support housing rehabilitation with federal funds, to remove dilapidated housing.and unsafe structures using local and other funds, and to assist in establishing viable neighborhood associations to promote property maintenance and address neighborhood issues. Non-profit organizations, such as Habitat for Humanity Every Dream Has a Price, and any other recognized, housing agency or provider will need to continue building new homes and rehabilitating e1xisting homes, in Gifford and providing pre and post construction mentoring to their clients. In that effort, community groups, particularly the Progressive Civic League of Gifford, have a vital role. Those groups need to inform Gifford residents of the various local, state, and non-profit group programs available for housing ownership and/or rehabilitation, encourage residents to participate in those programs, and bring together residents and providers of housing assistance. Obiective 2. Housing Rehabilitation/ Property Maintenance By 2018, at least 100 substandard residential units in east Gifford will have been rehabilitated. Action 2.1 — By 2019, the County will apply ,for Community Development Block Grant (CDBG) funds to rehabilitate 20 or more substandard housing units in the east Gifford area. Action 2.2 — By 2016, the County will commit up to $250,000 of SHIP funds as a match for CDBG funds. Action 2.3 — Each year, the County will coordinate with community leaders and, through Gifford civic organizations and places of worship, distribute SHIP program informational packages that provide information regarding the County's rehabilitation assistance program to Gifford residents. Community Development Indian River County 69 393 Gifford Neighborhood Plan 2014 Action 2.4 — Each year, the County will target SHIP rehabilitation program efforts for Gifford residents, especially cast Gifford residents, Action. 2.5 — Each, year, the County will coordinate with community leaders to identify Gifford residents interested in forming a voluntary neighborhood association and will assist the residents informingthe association. Action 2.6 — At least twice a year, the Progressive Civic League of Gifford will organize community day clean ups in the Gifford area and will coordinate with the County Solid Waste District which will provide dumpsters for each clean up day event. Obiective 3. Demolition or Repair of Dilapidated Housing Units and Unsafe Structures By 2016, at least 10 dilapidated residential units or Unsafe structures in east Gifford will have been demolished or repaired, and by 2020, at least 30 dilapidated residential units or unsafe structures in cast. Gifford will. have been demolished or repaired. Action 3.1 — In 2014, and each year thereafter through 2020, County, Code Enforcement, in coordination with community leaders, non-profit housing assistance organizations, the Health Department, and the Building Department, will identify 5 or more dilapidated housing units or Unsafe structures, notify the owners to fix or demolish the dilapidated units or unsafe structures, and initiate the County's building condemnation and demolition process when appropriate. Generally, dilapidated wood houses will be demolished, and concrete block houses will be rehabilitated whenever appropriate. Action 3.2 — By 2015, County Code Enforcement, in coordination with the Building Division, will prepare and distribute to Gifford residents and owners of rental properties in Gifford a user-friendly brochure regarding property maintenance rules and how to report suspected maintenance violations to County Code Enforcement. In addition, the County will provide an informational link, to the information on the County's website. Action 3.3 — By 2018, the County will apply for CDBG funds for demolition or repair of dilapidated housing units and unsafe structures in the east Gifford area. Action 3.4 — By 2015, the County will coordinate with community leaders and identify ways to stabilize post -demolition sites that include weed -related nuisances through weed removal, weed -control, grass -seeding, or similar techniques performed as part of the demolition project, and will include such techniques as part of demolition project scopes of work, where appropriate. Community Development Indian River County 70 394 Gifford Neighborhood Plan 2014 Obiective 4. Housing Ownership By 2020, the number of owner occupied housing units in east Gifford will, have been increased by 50 units. Action 4.1 — At least once each year, County staff will coordinate with community leaders and meet with residents in east Gifford to present information regarding the County's downpayment/closing cost loan assistance SHIP program. Action 4.2— At least once each year, County staff will assist, and local financial institutions will host a housing fair in Gifford to inform Gifford residents of available housing loan programs, to provide housing assistance information, and to provide personal contact information: ECONOMIC DEVELOPMENT/ EMPLOYYMENTNOCATIONAL TRAINING Economic Development/ EmploymentNocational Training Background and Strategy: One of the most significant issues facing Gifford is unemployment and under -employment. Because unemployment and underemployment are contributors to crime, poverty, poor housing conditions, and other problems, reducing, unemployment and under employment can significantly improve community conditions. Currently, areas adjacent to Gifford have some of the highest concentrations of jobs in the County. To solve the unemployment and under employment problem in Gifford, more jobs need to be created. In addition, Gifford residents must be better trained to qualify for jobs and be brought together with potential employers to have good access to jobs. These solutions will require action by the County Chamber of Commerce with respect to job creation, and the School Board, Indian River State College, and. various work force agencies with respect to providing vocational pathways and job training, and promoting commercial/industrial development within Gifford area. Obiective 5. Economic Development/Employment/Technical Training By 2020, Gifford's unemployment rate will. be 2 percentage points lower than the five year average for 2007-2011 (11.10%) by implementing the following actions. In addition, by 2020, the Community Disadvantage Index for Census Tract 503.02 (Gifford area). will be lower than the current .index of 10, by decreasing the percentage of persons below the federal poverty line and by reducing the percentage of persons receiving public assistance such as food stamps, through the following actions that will lead to improved educational attainment and employment opportunities. Community Development Indian River County 71 395 Gifford Neighborhood Plan 2014 Action 5.1 -, The County will promote appropriate commercial and industrial development by expediting review of permits for commercial and industrial development in Gifford, and by applying for CDBG funds whenever possible to fund infrastructure and building improvements to serve commercial and industrial uses in Gifford. Action 5.2 — As the City of Vero Beach continues to promote industrial, development on Airport property, the County will coordinate with qualified businesses wanting to locate on airport property and provide economic development incentives for such businesses. Action 5.3 - The Indian River County Chamber of Commerce will continue to promote Gifford as being part of the Enterprise Zone and will encourage businesses to participate in job fair and job apprenticeship activities that serve Gifford. Action 5.4:- The County will continue to provide businesses that expand or locate within the Enterprise Zone with a 10% bonus as part of the County's job grant program. In addition, the County will continue to provide bonus scoring and associated increased award amounts for tax abatement applications for businesses that expand or locate within the Enterprise Zone. Action 5.5 - The County and Chamber will provide technical assistance to minority owned businesses in Gifford by helping business owners and representatives apply for economic development funding from applicable local, County, state, and federal programs. Action 5.6 — By 2015, the County will request that the School District and Indian River State College maintain and consider expanding their technical/vocational programs offered to Gifford area residents. Action 5.7 — The Career Source Mobile Unit recently has been and will continue to be set up at the Gifford Youth Activity Center at least one day a week to assist Gifford residents in finding jobs, preparing resumes, and preparing for job interviews. Action 5.8 — Each year, the Chamber in coordination with the Progressive Civic League of Gifford will host a j ob/apprenticeship fair in Gifford. The County, the Progressive Civic League of Gifford, and the Chamber will contact and recruit local businesses to participate'in Gifford job/apprenticeship fairs. Action 5.9 — By 2015, the County will request that the School District consider coordinating with the Gifford community regarding the District's recruitment of minority teachers, the District's Zero Tolerance policies, and practices, and other school related issues of interest to the District or residents. Action 5.10 - At least once a year, the County will hold a procurement workshop in Gifford and encourage Gifford residents and businesses to apply for available County jobs. At each workshop, the County will also present its minority recruitment policy and conduct recruitment activities. The Progressive Civic League of Gifford will assist with informing residents of each workshop. Community Development Indian River County 72 396 Gifford Neighborhood Plan 2014 Action 5.11 — Each year; the Progressive .Civic League of Gifford and other organizations active in Gifford will host a community meeting with School District.staff, parents, and students, to identify ways to improve Gifford's student performance and high school graduation rate. Action 5.12 -Each year, the Gifford Youth Activity Center (GMAC) will evaluate its computer usage by Gifford residents and ensure that there are sufficient computers at the GYAC for all potential users. Action 5.13: - The County and the Chamber will support continuation of the Enterprise Zone and educate Gifford residents and businesses regarding the incentives available through the Enterprise Zone designation by holding at least one education meeting per year in Gifford. Action 5.14: - By 2015, the County will request that the Chamber consider providing chamber membership discounts for Gifford businesseslocated within the Enterprise Zone. ILLEGAL USES AND NON -CONFORMITIES, LAND USE COMPATIBILITY Land Use Compatibility, Illegal Uses and Non -Conformities Background and Strategy: To maintain the integrity of a community, illegal land uses must be identified and eliminated and non -conformities must be eliminated or upgraded and brought closer to compliance with current codes. In addition, codes must be periodically evaluated and sometimes revised to adequately address compatibility. In Gifford, illegal rooming houses and bars disrupt neighborhoods, reduce property values, and inhibit investment. - It is important not only to remove those illegal uses, but also to prevent their re-establishment.. To eliminate illegal uses, address non -conformities, and address land use incompatibilities, the County will use its regulatory authority. This will involve multi -agency sweeps, code enforcement action, coordination with local community groups and organizations, evaluation and revision of codes when warranted, and implementation of codes. To ensure compatibility with surrounding residential areas, the County must apply and enforce its non -conformities regulations in Gifford, and complete the West Gifford Industry and Commerce (WGIC) initiative to revise the list of permitted uses in the West Gifford industrial area and implement those revised regulations. In addition, to promote and adequately regulate the return of a traditional use in Gifford, the County will consider changing its zoning code to allow temporary fruit and vegetable sales, as well as food vending, in certain locations in Gifford. Community Development Indian River County 73 397 Gifford Neighborhood Plan 2014 Obiective 6. Illeiial Uses, Non -Conformities, and Land Use Conivatibili By 2017, all illegal uses in Gifford will have been eliminated, and by 2020 all non -conformities will be eliminated or upgraded to be brought closer to compliance with current codes. Action 6.1 — Each year, County Code Enforcement will coordinate with the Sheriff's Office, the Building Division, the Fire Division, and the Health Department to target, plan, and conduct regular enforcement sweeps of suspected illegal uses (use violations) and violations of environmental regulations in Gifford. Action 6.2 — County Code Enforcement will initiate or assist in the initiation of appropriate enforcement action against identified illegal uses. Action 6.3 — County Code Enforcement will regularly monitor properties against which code enforcement action has been taken to ensure on-going. code compliance. Action 6.4 — By 2014, the County will revise its Land Development Regulations (LDRs) to prohibit heavy industrial uses such as sawmills, steel mills, textile mills, landfills, and cement manufacturing plants, to strictly regulate concrete batch plants and demolition debris facilities, and to specially regulate new mulching operations and mulch operation expansions in the West Gifford industrial area located between 43`d Avenue and 58th Avenue. Action 6.5 - By 2015, the County will consider revising its Land Development Regulations (LDRs) to allow food and produce vendors for weekend markets and special events in designated areas in Gifford, subject to special temporary use regulations. INFRASTRUCTURE Infrastructure Background and Strategy: Adequate infrastructure is important for every community. In the early 1980's in Gifford, most of the public streets were paved and a system of water and sewer lines were installed. Street lighting and sidewalks exist along major roads, although some critical gaps exist. Drainage problems occur in some areas. Maintenance of existing facilities is needed and there is also a need to construct additional infrastructure in some areas. Most important is beautification of Gifford's "Main Street" (45th Street aka Martin Luther King Jr. Boulevard), filling-in sidewalk gaps and gaps in street lighting coverage, road resurfacing, and targeted drainage improvements. In most cases, the County is responsible for these activities. Some activities, such as road resurfacing, are being undertaken on a regular basis according to a Countywide schedule. Other activities, such as 451h Street beautification and sidewalk construction, involve special projects and sometimes special funding. Besides conducting Community Development I Indian River County 74 398 Gifford Neighborhood Plan 2014 maintenance activities, the County will provide various infrastructure improvements and enhancements that serve the Gifford community. Obiective 7. Sidewalk Improvements By 2017, there will be continuous sidewalks in place along 45th Street, from 43`d Avenue to U.S. #1 and by 2021 along 45th Street from 43rd Avenue to 58th Avenue, and by 2021 along 43rd Avenue from 491h Street to 26" Street/Aviation Boulevard, and by 2024 along 41" Street and 49th Street from 58th Avenue to U.S. #1. Action 7.1 — Each year, through 2020, the MPO will determine if any funding opportunities are available for sidewalks and trails in the Gifford area, and will apply for any available funds. The MPO will notify the Progressive Civic League of Gifford of potential funding opportunities. Action 7.2 — By 2018, the County will repair and connect the sidewalk along 43rd Avenue between 41" Street and 49' Street, and by 2020 the County will construct a sidewalk along 43`d Avenue frorn 41St Street to 26th Street/Aviation Boulevard. Action 7.3 — By 2018, the County Public Works Department will repair, connect, and construct the sidewalk along 45th Street, from 43' Avenue to U.S. #1 and by 2021 along 45th from 43`d Avenue to 58th Avenue, where necessary right-of-way is available (has been acquired). The County will seek to install segments of a 45th Street sidewalk between 43rd Avenue and 58th Avenue prior to 2021. Action 7.4 — By 2024, the County Public Works Department will repair, connect, and construct a sidewalk along 41" Street from 58th Avenue to U.S. 41, and a sidewalk along 49th Street from Fire Station 12 to U.S. #1, where necessary right-of-way is available (has been acquired) and adequate funding has been obtained. Obiective 8. Street Maintenance All publically dedicated streets in Gifford will continue to be adequately maintained through resurfacing projects. Adequate maintenance is defined as a ranking of 1, 2, 3, or 4 on the Road and Bridge Roadway Maintenance Condition Inventory which ranks road conditions 1-5 from best to worst. Roads ranked in 2014 as a 4 or 5 include 34th Avenue from 45th Street to 49th Street, 35th Avenue from 47th Street to 49th Street, and 38th Avenue fxom 45th Street to 47th Street. Action. 8.1 — Each year, the County Road and Bridge Division will monitor publicly dedicated street conditions in Gifford, rank projects for resurfacing and/or repair, and schedule resurfacing projects for roadways ranked 5. Each year, a copy of the latest annual report and any resurfacing schedulewill be provided to the Progressive Civic League of Gifford. Community Development Indian River County 75 399 Gifford Neighborhood Plan 2014 Action 8.2 — Each year, the County Road and Bridge Division will repair or resurface any publicly dedicated street in Gifford with a ranking of 5. Priority will be given to resurfacing 34th Avenue north of 45'h Street. Action 8.3 - By 2020, the County Public Works Department will resurface 45th Street from U.S. #1 to 43rd Avenue. Action 8.4 — On an on-going basis, the County Road and Bridge Division will. investigate all pothole complaints and fix potholes on publically dedicated streets in. Gifford. Action 8.5 — By 2022, the Progressive Civic League of Gifford will coordinate with property owners along 32nd Avenue north of 43rd Street, and 35th Avenue north of 45th' Street, to obtain commitments for right-of-way donations so that those roads can be considered for dedication to and acceptance by the County for improvement and maintenance. Action 8.6 — By 2020, the County Public Works Department will pave 32nd Avenue north of 43rd Street, and 35"' Avenue north of 45th Street if needed rights-of-way are donated to and accepted by the County and adequate funding for paving has been obtained. Obiective 9. 4511 Street "Main Street" Beautification and Improvements By 2020, 45th Street will be improved and beautified as Gifford's "Main Street". Action 9.1 — By 2014, the County will design a phased improvement and beautification plan for 45th Street between 43rd Avenue and U.S. i#1, with input from Gifford residents at a community meeting in Gifford. Action 9.2.— By 2016, the County will improve and beautify the segment of 45`1 Street from 43rd -Avenue to U.S. #1 with "Phase 1" improvements consisting of the following: • Widened shoulders/bike lanes (both sides of 45th Street) • Street lights, as needed, to fill-in street lighting coverage gaps • Curbing improvements along certain portions of the north side of 45" Street • Re -surfaced side street approaches on the north side of 45' Street, where appropriate • Hardscape and landscaping improvements along certain portions of the north side of 45th Street • Westbound right turn lane at 28th Court Action 9.3 — By 2018, the County will improve and beautify the segment of 45th Street from 43rd Avenue to U.S. #1 with "Phase 2" improvements consisting of the following: Community Development Indian River County 76 400 Gifford Neighborhood Flan 2014 Culverting certain portions of the canal on the south side of 45th Street Landscaping improvements,along the south side of 45th Street in the culverted areas, where appropriate Action 9.4 — By 2015, the County will seek any needed right-of-way or easement with assistance from the Progressive Civic League of Gifford from property owners along 45th Street necessary for the 45th Street beautification project east of 43`d Avenue and for 45' Street sidewalk improvements west of 43`d Avenue. Obiective 10. 'Traffic/Safety Improvements By 2020, traffic safety improvements in Gifford will be identified and completed, and by 2016 appropriate school safety improvements at Gifford Middle School will be identified. Action 10.1 — In 2015, 2017, and 2019, the County Traffic Engineering Division will monitor traffic volumes and crash rates of all major intersections in Gifford. When warrants are met, a schedule will be developed for signalization. Each report, along with any schedule, will be provided to the Board of County Commissioners and to the Progressive Civic League of Gifford. Action 1.0.2 — By 2018, the County will signalize and/or improve the 58'1' Avenue/451h Street and 58th Avenue 491h Street intersections, if adequate right-of-way has been obtained. The Progressive Civic League of Gifford will assist the County during the right-of-way acquisition process. Action 10.3 - By 2016, the County will coordinate with the School District to identify appropriate school zone safety improvements such as improved signing and school drop-off and pick up area improvements at Gifford Middle School, and will coordinate with the District on providing identified improvements in a timely manner. Obiective 11. Drainage Improvements By 2020, there will be adequate drainage systems in Gifford neighborhoods to handle a 10 year/24 hour storm event, where adequate outfall can be obtained. Action 11.1 — By 2018, the County Public Works Department will identify all neighborhood drainage system problems in Gifford, evaluate potential solutions, and report its findings to the Progressive Civic League and the Board of County Commissioners. Action 11.2 — Each year, .the County's Public Works Department will maintain the stormwater management system that serves the portion of east Gifford which is not part of the Indian River Farms Water Control District (IRFWCD). By 2019, the Public Works Community Development Indian River County 77 401 Gifford Neighborhood Plan 2014 Department will build ditches, canals, or other similar means that provide outfall from the subject area to the 4111 Street retention pond. [Relates to Action 14.5] Action 11.3 — Each year, the Indian River Farms Water Control District (IRFWCD) will continue to, maintain, its canals and drainage system within the Gifford area. Action '11.4 — Each year, the County's Public Works Department will share its list of locations with drainage problems with the Indian River Farms Water Control District (IRFWCD) and request any appropriate District maintenance activities or improvements needed to address drainage problems. Action 11.5 — Each year, the Progressive Civic League of Gifford will encourage Gifford residents to monitor all canals and stormwater facilities within Gifford and report any dumping of grass clippings or other debris into stormwater management facilities to Code Enforcement and to the Progressive Civic League of Gifford. Planning Division staff will provide updated Code Enforcement contact information to Gifford residents. Action 11.6 — Each year, the Progressive Civic League of Gifford will encourage residents to notify the. County Public Works Department and IRFWCD of clogged culverts or slow moving water in ditches. Planning Division staff will provide updated County Public Works and IRFWCD contact information to 'Gifford residents. Action 11.7 — By 2018, the County Public Works Department will coordinate with the Indian River Farms Water Control District and develop a scope of work for culverting the canal on the south side of 45th Street, east of 43rd Avenue, in segments and as a whole project. In addition, after a scope of work for culverting is developed, the County and MPO will seek funding for culverting improvements. Action 11.8 By 2018, the County's Public Works Department will coordinate with the Indian River Farms Water Control District (IRFWCD), identify any appropriate safety barriers along canals in Gifford that are warranted by accident data and that the District 'Will allow, and.report its findings to the Board of County Commissioners and the Progressive Civic League of Gifford. Findings shall include an evaluation of culverting improvements associated with Action 9.3. Objective 12. Street Lighting 'By 2017, major streets within .Gifford will have streetlighting, without any gaps in lighting coverage. Community Development Indian River County 78 402 Gifford Neighborhood Flan 2014 Action 12.1 — By 2015, the County's Public Works Department will meet with the Progressive Civic League of Gifford and Gifford residents and will develop a plan for enhanced street lighting in Gifford, the cost of which will be paid through the Gifford street lighting district. Action 12.2 — By 2017, as requested by Gifford residents, the County's Public Works Department will coordinate with street lighting providers to provide street lighting at 41St Street /32nd Avenue, along 49`h Street from 58th Avenue to U.S. highway #l, and any other street lighting improvements identified in the Action 12.1 street lighting plan for which adequate funding has been obtained. Obiective 13. Park Improvements By 2016, parks and public places in Gifford will be improved to increase opportunities for recreational and community activities for Gifford residents, and by 2018, the County will consider the feasibility of building a boat ramp at Gifford Dock park. Action 13.1 — By 2015, the Parks Division will clean and remove debris, trim Australian pine trees, repaint picnic tables and benches, clean and enhance picnic areas, clean and repair playground equipment, and repaint and change nets at basketball courts in the Hosie - Schumann Park, and by 2016, the Parks Division will build or schedule for construction a pavilion in the Hosie -Schumann park. Action .13.2 — By 2016, the Parks Division will improve the football field, the senior league baseball field, and the little league field by adding topsoil, grade and sprigged fields with Bermuda grass, additional irrigation, a new score board, concession stand upgrades and other improvements within Gifford Park. Parks Division also will install security lights from the park entrance to little league field. Action 13.3 - The Parks Division and Sheriff's Office will maintain a Sheriff's Office security unit at Gifford Park, as needed. Action 13.4 — The Parks Division will maintain the Gifford park ball fields play area, dugout, and lighting on an on-going basis. Action 13.5 — The Parks Division will maintain, replace, and repair playground equipment, as needed, in Gifford park and Hosie Schumann park. Action 13.6 — By 2018, the County will prepare plans, seek FDEP/EPA approval, and seek funding for redevelopment of the 41" Street Old Landfill Site for community 'and/or recreational uses. Action 13.7- By 2016, the Progressive Civic, League of Gifford will invite representatives from the County Parks and Recreation Division, the Sheriff's Office, and the School District, along with residents to a meeting in Gifford to develop specific actions and assigned responsibilities for each action to ensure that parks and schools are safe for small children. Community Development Indian River County 79 403 Gifford Neighborhood flan 2014 Action 13.8 — By 2018, the Public Works Department will study the feasibility of constructing a boat ramp at Gifford Dock Park and report.its findings to the Board of County Commissioners and the Progressive Civic .League'of Gifford. Action 13.9 — By 2014, the County/MPO will apply for state funding to build a walking trail at the Martin Luther King Park, and the County will commit local matching funds necessary for the state funding application. Obiective 14. Funding By 2017, there will be multiple dedicated funding sources in place to fund infrastructure improvements in the Gifford area. .Action 14.1 — By 2022, the County will consider establishing a Community Redevelopment Agency (CRA) district or a tax increment financing mechanism in an area within Gifford to promote economic and community development. Action 14.2 —.By 2022, the County will consider establishing in Gifford a Safe Neighborhood Improvement District (state authorized program) to reduce crime through innovative design techniques and improvements, and to apply for associated funding. Action 14.3 — By 2015, the County Public Works Department will apply for funding from Moving Ahead for Progress for the 21st. Century Transportation Alternatives or, other appropriate programs such as MAP -21 for bus stops, bike lanes, sidewalks, and traffic calming improvements in the Gifford area where adequate right-of-way exists. - Action 14.4 — By 2015, the County Parks Division will apply for Florida Recreation Development Assistance Program (FRDAP) grants for maintaining and improving parks within the Gifford area. Action 14.5 — By 2019, the County's Public Works Department will utilize funds from the Municipal Service Benefit Unit East Gifford Stormwater Watershed Area for an additional stormwater improvement project, such as outfall ditches from low-lying areas to the 41" Street retention pond, for that area of Gifford that is not under the authority of,a water control district. [Relates to Action 11.2] Community Development Indian River County 80 404 Gifford Neighborhood Plan 2014 CRIME PREVENTION AND LAS' ENFORCEMENT Crime Prevention Background Strategy: Reducing Gifford's crime rate is an important component in achieving the overall plan goal. Like most community issues, crime reduction requires coordinated action by various groups and agencies. While many of this plan's strategies including code enforcement, infrastructure improvements, and improved street lighting, may help reduce the crime rate, there is still a need for coordinated, targeted, and sustained crime -prevention actions. Those efforts .will involve the Sheriffs Office maintaining its current level of resource commitment to the Gifford area, the. County coordinating and continuing its code enforcement activities, and residents cooperating with law and code enforcement agencies. Obiective 15. Crime Prevention and Law Enforcement By 2018., the crime rate in Gifford will,be ten percent lower than 2013 levels. Action 15.1 — Each year through 2020, the Sheriff's Office will maintain its current level of resource allocation for law enforcement in Gifford. Action 15.2 — Each year through 2020, the County will coordinate with the Sheriff's Office in order to focus .code enforcement activities on sites with code violations which contribute to or have the potential to contribute to Gifford's crime rate. Action 15.3 - The Sheriff's Office will enforce all posted speed limits in Gifford. Action 15.4 - The Sheriff's Office will conduct enforcement actions against noise, including loud music that violates codes, drug dealing, and traffic violations. Action 15.5 — Each year through 2020, County Code Enforcement staff will attend one or more COPE meetings as needed in order to coordinate code enforcement efforts with the Sheriff's Office. Community Development Indian River County 81 405 Gifford Neighborhood Plan Projects Included in Proposed 2018 Ca ital Im rovements Plan nditures FY 2018/19. - FY 2019/10 FV 2020!21 FY 2011122 FY 2022!23 Totals Revenue Source Fully Funded? Priority Ranking (Please Rank Between 1-S)1 HlgltestPr(orty,S- Lowest Priority Notes Pan 32nd Ave North of 43rd St., and 35th Ave nonh of 45th St. (GNP Action 8.6) S 50,000 S 50,000 Gas Tar No 3 Construction subject to right-of-way donation Design & Engineering S 50,000 $ 50,000 Construction S 43rd Ave Si dewal ks(Airport Dr W to 41st Street) (GNP Action 7.2) S 458,463 $ 458,463 Grant Yes 2 43rd Ave Sidewalks(Ai rport Dr W to 41st Street) GNP Action 7.2) S 40,000 S 40,000 Gas Tax Design & Engineering S 40,000 $ 40,000 Construction S 438,463 S 458,463 45th Strea lighting Construction (GNP Action 9.2) S 75,000 S 7$,000 Street Lighting hiSBU Construction S 75,000 S 75,000 45th Street BeautiBeation Phase Il (GNP Action 7.3 and 9.3) S 45th Street "West End' Culverting- Construction f Con"mMon S 2.000000 604,830 f 2,604 830 S 132,445 132,445 S - S S S S 2,000,000 Gas Tex 737,275 FDOT Z737,273 Yes I Indirect benefit to the Indian River lagoon; designed to treat stormwater thin currently discharges into canals and indirectly into the lagoon. 45th Street/Left Tum Lane at US 1 GNP Action 7.3) S 2,114,290 S 2,114,290 Optional Sides Tax Yes I Pending Brightlinc outcome Canstruaion $ 2,114,290 S 2,114290 S750,000for FEC Crolsin Improvements Signalized 58th Ave at 49th St. GNP Action 10.2 f 1,700,000 S 1,700,000 Developer Funded Construction Yes 3 Signalized 58th Ave at 49th St. (GNP Action 10.2) f 530,000 f 530,000 Gas Tax Design & Engineering f Right -of --Way S 550,000 S 550,000 Construction S 1700,000 S 1,700,000 Street lighting at 41st SN32nd Ave, 49th St, aid 45th Street and 49th Street Corridors(GNP Action 12.2) S 70000 $ 70,000 Street Li tin MSBU Yes 2 Canstriictlon S 70,000 S 70000 Victor Han Sr. Complex (Fka Gifford Park) Additional Restroom/Concession Bldg s0 $185,000 $0 Sol so S 185,000 Park/Recreation Impact Fees Yes 2 Victor Han Sr. Complex (Fka Gifford Park) Drainage and Parking Improvements (GNP Action 13.2) $600,000 s0 So $0 $ 600.000 Optional Sales Tax Yes I East Gifford storm water improvements including oudali to 41st Street -pond (GNP Action 11.2) East Gif iatd storm water improvements including outfall to 41st Street nd (GNP Action 111) $46,S82 $19 ,000 s0 $0 $0 $0 $0 So $46,S82 Optional Sales Tax $19,000 Stormwater MSBU Yes Yes 1 1 Project is a regional system that treats stormwaterand!orcanal water and are designed to directly benefit the Indian River Lagoon. Total S 6,079,702 S 2,057,445 S 508,463 S S S 8645.610 'O"M 3 406 Board of County Commissioners November 20, 2018 2018 Gifford Neighborhood Plan Implementation Report Card T Background In May 2013 BCC directed staff to update the 2002 Gifford Neighborhood plan Plan Update Process (2013-2014) -PCLG and Staff hosted 11 public meetings -Numerous County departments, staff, non - BCC offices, and agencies participated -Gifford residents and interested parties participated -Staff research, data collection, analysis - Re -Write of the 2002 Plan 3 n BCC Approved the Gifford Neighborhood Plan 2014 On July 1511 2014 Gifford Neighborhood Plan "Gifford Forever" Indian River County Board of County Cominissiouers July F5, 2014 GNP Contains 15 Objectives and 82 Actions --3 Each objective has specific action items Each action item addresses who, what, when Each action must be implemented by its due date 6 Objective and Action Topics Include: • Communication • Housing • Economic Development • Streets, Sidewalks, Parks • 45th Street Beautification Project GNP -related projects now in adopted County CIE I 2018 GNP Implementation Report Card Implementation of the Plan started before July 15, 2014 approval 29 Actions had 2014-2018 due date, 26 completed (90%), 3 are in progress (total 100%) 42 Ongoing Actions, all completed (100%) Actions in Progress "Action 7.3 — By 2018, the County Public Works Department will repair, connect, and construct the sidewalk along 45th Street, from 43rd Avenue to U.S. #1 and by 2021 along 45th from 43rd Avenue to 58th Avenue, where necessary right-of-way is available (has been acquired). The County will seek to install segments of a 45 Street sidewalk between 43rd Avenue and 58th Avenue prior to 2021." As reported at a 2017 PCLG meeting, and to the Board last year, sidewalk in vicinity of railroad not possible at this time due to timing of All Aboard Florida/Brightline proposed improvements. This action is currently on hold. 45th Street sidewalk between 43rd Avenue and 58th Avenue awarded February 6, 2018. Design will take 6 to 9 months and construction 12 months after design. This item may be completed ahead of the 2021 date. Actions In Progress "Action 11.8 — By 2018, the County's Public Works Department will coordinate with the Indian River Farms Water Control District (IRFWCD), identify any appropriate safety barriers along canals in Gifford that are warranted by accident data and that the District will allow, and report its findings to the Board of County Commissioners and the Progressive Civic League of Gifford. Public Works needs additional time to coordinate with the IRFWCD to identify appropriate safety barriers along canals. The completion date of the action 11.8 should be changed to 2019. Actions in Progress • Action 9.3 — By 2018, the County will improve and beautify the segment of 45th Street from 43rd Avenue to U.S. #1 with "Phase 2" improvements consisting of the following: • Culverting certain portions of the canal on the south side of 45th Street • Landscaping improvements along the south side of 45th Street in the culverted areas, where appropriate Project scope developed and design complete. Project includes sidewalk and full culverting above and beyond Action 9.3 scope of work. Initial bid exceeded project estimate by $900,000. County successfully pursued approach to get bids down in price. Project re -bid approved by Board November 13, 2018. Once bid awarded and construction commences, project will take 9 to 12 months to construct. Change completion date to 2019 to reflect re -bid and actual construction timeframe. Ib Coordination with the PCLG Per Action 1.5 of the plan the draft "report card" was provided to the Progressive Civic League of Gifford (PCLG) • VIN Recommendation BCC review and accept the GNP 2018 implementation report card d Neighborhood Plan 2014 nation on county website: www.ircgov.com P://www. i rccdd.com/Gifford/index .html 14 GA /AA3 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning FROM: Bill Schutt, AICP; Senior Economic Development Planner, Long -Range Planning DATE: November 7, 2018 RE: Request to Review Proposed Impact Fee Update Scope of Services, Authorize Staff to Initiate the Consultant Selection Process for the Impact Fee Update, and Formally Initiate an Impact Fee Ordinance Revision It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 20, 2018. DESCRIPTION AND CONDITIONS In May of 2005, the Board of County Commissioners adopted a new impact fee ordinance with an effective date of July 1, 2005. That ordinance established eight (8) new non -traffic impact fees and increased the traffic impact fee rate. At the time of adoption of the impact fee ordinance, it was recognized that periodic updates to the impact fee rate schedules would be necessary due to changes in the components of the fee, such as construction and land costs. Section 1000.13(2) of the impact fee ordinance requires that the impact fee schedule be reviewed by the Board of County Commissioners at least once every third year. On June 13, 2017, three years after the most recent 2014 impact fee update, the Board of County Commissioners reviewed the impact fee schedule, considered updating it, and decided to postpone an impact fee schedule update until 2019. The Board also indicated it wanted a regular schedule of updating impact fees every five years (see Attachment 1). The 2014 update was driven by the Board's direction to develop a sound methodology for reducing non-residential impact fees in order to encourage economic development. The resulting 2014 Impact Fee Update incorporated a new element (the Affordable Growth model), which enabled staff to calculate the amount that the County can "buy down" or subsidize non-residential impact fees with other revenues (such as the local option sales tax) relative to low -to -moderate background growth rates. Implicit in the adoption of the Affordable Growth model was the assumption that the 407 County would periodically revisit the growth rates, available "buy down" revenue, and policies that have supported a purposeful reduction of impact fee rates for non-residential projects. On October 14, 2014 the Board ultimately voted to adopt new impact fee schedules that incorporated reduced impact fee rates and, consistent with the findings of the 2014 Impact Fee Study Final Report, also voted to discontinue collection of impact fees for Correctional Facilities, Solid Waste Facilities, and Library Facilities determining to use other revenue sources for those facilities. Those impact fee categories remain in the County's impact fee ordinance with a statement in the code that the Board has determined to not use impact fees as the revenue source for these facilities. Because those facilities are still in the code, the Board could re -activate those impact fees in the future if it so desires. As with all impact fee updates, consultant expertise is needed. Staff has drafted the attached Scope of Services (Attachment 2) to update the County's impact fee ordinance and rate schedules (excluding the three discontinued impact fee categories), together with an update of the affordable growth model. Once the scope of services is approved by the Board along with authorization to proceed with the update, staff will incorporate the scope into a formal request for qualifications (RFQ) document and initiate the consultant selection process. ANALYSIS Purpose of Impact Fees By definition, an impact fee is a one-time charge levied against new development for the purpose of financing expansion of a capital facility. In Florida, impact fee requirements have evolved through various court decisions over the years and in more recent years have been specifically supported, authorized, and regulated by state statute (the "Florida Impact Fee Act" FS 163.31801). Impact fees are not taxes. For that reason, impact fees are subject to different rules than are taxes. As with fees generally, impact fees must be structured such that the fee, which a feepayer pays, must be directly proportional to the benefit that the feepayer receives. Consistent with case law, impact fees must be used only for capacity producing capital improvements necessitated by new growth. Impact fees may not be used for operation and maintenance expenses, nor may impact fees be used to correct existing deficiencies. Impact fees are thus intended to assign the burden of paying for a portion of new public capital facilities to new residents and businesses that use or benefit from the capital facility, while at the same time assuring that new development does not reduce the quality of life for existing residents and businesses., As part of an impact fee program, quality of life is measured through establishing a level of service standard for each impact fee program category (such as traffic, parks, schools, and fire/EMS). Maintaining the level of service for a particular public facility/service results in maintaining the quality of life for existing and new residents. The level of service for each of the impact fee program categories is listed within the County's Comprehensive Plan as well as the County impact fee ordinance. 2 408 Scope of Services As structured, the draft scope of services (Attachment 2) is greatly reduced in scale from the previous 2014 effort. Based on the Board's 2014 decision, the proposed scope does not include an evaluation or update for Correctional Facilities, Solid Waste Facilities, or Library Facilities. The scope is also reduced because the previous effort included a full review of all components of all fee categories, development of a legally defensible methodology for reducing non-residential impact fees, and revisiting level of service standards. The current update focuses on updating those elements that were likely to have changed significantly since 2014, such as land and construction costs, grant funding, and other revenue data. On the other hand, fee variables such as trip length and trip generation rates will not be revisited in this scope largely because no new guidance has been issued and no major changes have occurred since 2014 affecting those variables. Although some elements of previous updates will not be undertaken in this update the attached scope does include an update of the local growth rate and the availability of "buy down" revenue used in the Affordable Growth model and resulting changes and updated policy options for fee rates. Staff anticipates that changes in some components (such as the growth rate and facility costs) will push fees higher while other changes (such as the sales tax credit component and increased availability of "buy down" revenue resulting from the sales tax extension approved by voters in 2016) will push fees lower. Staff also anticipates applying the same types of policy decisions made during the 2014 update to keep non-residential impact fee rates low. One new item in the proposed scope is an evaluation of the County's three separate transportation impact fee benefit districts (north, central, and south county). To increase funding flexibility for transportation projects, the County should evaluate and consider reducing the number of benefit districts to two or possibly one. Consequently, the proposed scope includes a benefit district evaluation task. With approval of the draft scope of services by the Board at its November 20, 2018 meeting, an RFQ can be issued by December with consultant proposals due by January. Consistent with that schedule, the Board could approve a consultant contract in February 2019. Staff estimates the study will take six to nine months to complete from issuance of a notice to proceed. Specify 5 Year Update Timeframe At its June 13, 2017 meeting in addition to determining to conduct an impact fee update in 2019, the Board directed staff to draft an amendment to the Impact Fee Ordinance to specify that the impact fee schedule shall be reviewed and updated every 5 years versus the existing wording that requires the Board to simply review the impact fee schedule "at least once every third year". Staff has drafted that change and seeks any initial comments from the Board regarding that change and authorization to initiate a formal ordinance change. FINANCIAL IMPACT The estimated cost of impact fee consultant services is $120,000. Charges from the impact fee consultant will be paid with revenue from the Impact Fee administration fund - Impact Fees/Administration/Other Professional Services (10320415-033190). 409 RECOMMENDATION Staff recommends that the Board of County Commissioners: 1. Review the proposed scope of services for the impact fee update, make any necessary changes, and authorize staff to initiate the consultant selection process for the update. 2. Provide staff any initial comments on the draft Impact Fee Ordinance amendment and authorize staff to initiate a formal ordinance amendment. ATTACHMENTS: 1. Portion of June 13, 2017 Board of County Commissioners Meeting Minutes 2. Scope of Services for Indian River County Impact Fee Update 3. Draft Impact Fee Ordinance Amendment for Specific 5 Year Update Timeframe F:\CommunityDevelopment\hnpactFee\lmpact Fee Studies\2018 Update\Consultant RFQ\StaffReportV2 -BCC 11-20-18.docx 4 410 Board of County Commissioners Meeting Minutes - Final June 13, 2017 11. Street SW to a Point 165' North of 7th Street SW as shown on Indian River Farms Company Plat of Lands and Plan for Lan and Road Reservations [ROWA-17-03-02 / 2005060500- 34 (Legislative) Recommended Action: This notice of public hearing is provided for the Bo s information. No action is needed at this time. Notice was read by County AttorneyDylan Reingold. No Action Taken or Requi 10.C.3. 17-0611 Notice of Public "aring for June 20, 2017: to Consider Amending Chapter 31 the Code of Indian River County. (Legislative) Attachments: was read by County Attorney Dylan Reingold. No Action Taken or Required A. Community Development 12.A.1. 17-0596 Request to Review Scope of Services and Authorize Initiation of the < Consultant Selection Process for an Impact Fee Update Recommended Action: Staff recommends that the Board of County Commissioners review the scope of services for the impact fee update, make any necessary changes, and authorize staff to initiate the consultant selection process for the update. Attachments: Staff Report Attachment 1 Community Development Director Stan Boling explained that the last impact fee review was completed in October 2014, and that the impact fee ordinance requires the Board to review the schedule at least once every third year. He explained that, as with all impact fee updates, a consultant expertise is necessary, and Board authorization would be required to move forward. Metropolitan Planning Organization Staff Director Phil Matson explained the elements of the Impact Fee Scope of Services, and summarized the possible increases and decreases. Commissioner Solari thanked staff for the review; however, he didn't feel that Indian River County Florida Attachment 14p1ge 11 Board of County Commissioners Meeting Minutes - Final June 13, 2017 there had been enough changes to support spending tax dollars for an update at this time, and suggested that staff return to the Board with the next review in two (2) years. In addition, he recommended revising the cycle for impact fee schedule reviews, from once every three (3) years, to once every three (3) to five (5) years, depending upon the conditions. Vice Chairman O'Bryan opposed the update delay due to the fact that new methodology was put into effect in 2014, and he would like to see how the model is tracking. Chairman Flescher, Commissioner Adams and Commissioner Zorc were in support of Commissioner Solari's recommendation. A motion was made by Commissioner Solari, seconded by Chairman Flescher, by a 4-1 vote (Vice Chairman O'Bryan opposed), the Board approved to: 1) direct staff to return to the Board in two (2) years with an Impact Fee Scope of Services review; and 2) direct the County Attorney to draft an amendment to the Impact Fee Ordinance 2005-015, changing the review schedule to once every three (3) to five (5) years, depending upon the conditions. The motion carried by the following vote: Aye: 4- Chairman Flescher, Commissioner Adams, Commissioner Solari, and Commissioner Zorc Nay: 1 - Vice Chairman O'Bryan 1. Human Service*. 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. 17-0619 Interfund Loan - Lakes Golf Course Recommended Action: Staff recommends that the Board authorize an interfund loanNrom General Fund reserves in the amount of $1,100,000 at an interest rate of 1.5% pe ear. The principal of this loan will be repaid over a four (4) year period as shown ' the Proposed Debt Service Schedule. Attachment 1 Indian River County Florida 4 1te 12 Attachment 2 SCOPE OF SERVICES INDIAN RIVER COUNTY IMPACT FEE UPDATE INTRODUCTION: Indian River County is located on south central Florida's eastern coast.' With a current population of approximately 150,000, the County has an urbanized coastal area and a rural western area. There are five incorporated municipalities in the County. These municipalities occupy approximately ten percent of the County's land area and accommodate less than thirty-five percent of the total County population. Consistent with this trend, most of the County's growth is occurring in the unincorporated area. In the last several decades, the County's growth rate has been significant. After exceeding 50% in the 1980s, the County's growth exceeded 20% in both the 1990s and 2000s. To address the infrastructure costs associated with new growth, the County instituted a countywide traffic impact fee program in 1986. Also in the 1980's, the County instituted water and sewer capacity charges within the County's water and sewer service area. Because of the amount of growth and development, the Board of County Commissioners, in 2005, approved impact fees for eight additional service/facility categories. These categories are: • Correctional Facilities (currently suspended)* • Solid Waste Facilities (currently suspended)* • Public Education Facilities • Libraries (currently suspended)* • Fire/Emergency Services • Law Enforcement • Public Buildings • Parks *In 2014, the County suspended the collection of Correctional Facilities, Solid Waste Facilities and Libraries impact fees after a determination was made that for some time the impact fees would not be used as a revenue source for those facilities. Those three impact fee categories remain suspended and are not a part of this scope of services. Unlike many counties, Indian River County has an impact fee system that includes all five of the County's municipalities. Through interlocal agreements with the County, the municipalities collect impact fees within their jurisdictions and transmit those fees to the County. To cover that cost, the municipalities receive a portion of the impact fee administration charge. While some of the County's impact fees (traffic, corrections — currently suspended, solid waste — currently suspended, education, public buildings, and libraries — currently suspended) are imposed countywide, one fee (fire/EMS) is imposed countywide except for the Town of Indian River Shores (Indian River Shores is the only Attacient 2 municipality that does not participate in the County's Emergency Service District). The other fees (law enforcement and parks) are imposed only in the unincorporated county. According to the Indian River County Impact Fee Ordinance, every three years, the county will review its impact fees and decide whether or not to update and change the fee schedules to reflect current economic and development conditions. In June of 2017, three years after the year 2014 impact fee update, the Board of County Commissioners reviewed the impact fee schedules and decided to have the impact fee schedules updated in 2019. PURPOSE: The purpose of this project is to update the rates for six of the impact fee categories (not including water and sewer capacity changes, and not including impact fees for correctional facilities, solid waste facilities, and libraries) referenced above to account for changes to demand variables, credit characteristics, and land and construction costs, and to re-evaluate the County's transportation impact fee benefit districts. This project will also involve an update to the Affordable Growth Model based on a reexamination of growth rate assumptions and available "buy down" revenue and will recommend changes to the impact fees based on the County's ability to buy down those fees based on Board policy decisions. SCOPE OF ACTIVITIES: TASK 1— DATA COLLECTION AND ANALYSIS TASK 1.1 REVIEW OF THE COUNTY'S 2014 IMPACT FEE STUDY AND BACKGROUND DATA CONSULTANT shall review the County's most recent impact fee study report in order to become familiar with the impact fee formulas and methodologies used in computing Indian River County Impact Fee rates. The CONSULTANT shall also review the Affordable Growth Model used to recommend an appropriate "buy down" of impact fees to encourage non- residential development. The CONSULTANT shall use the inventories included in the 2014 study and any updates to those inventories since then for all six impact fee program areas, with the exception of public schools. The public education facilities inventory will be updated to reflect most recent FISH capacities; enrollment figures, enrollment trends, and student generation rates will be analyzed. Public education administrative, maintenance, and fleet inventories can be based on those contained in the 2014 study. 2 414 TASK 1.2 TRANSPORTATION COST DATA COLLECTION The CONSULTANT shall review the Indian River County MPO 2040 Cost Feasible Plan and identify which improvements on that plan have not been constructed as well as the actual costs of construction and right-of-way acquisition for roadway projects completed in Indian River County in the last five (5) years or currently under construction. The CONSULTANT shall use this information in identifying an average unit cost for the provision of various construction components, including right-of-way costs; per -lane -mile roadway construction costs; bridge construction costs; safety improvement costs (such as lighting, signage, and pavement markings); and any other cost elements necessary to obtain a complete and accurate update of project cost. All cost information for transportation facilities will be reviewed by the consultant against costs for similar construction and development used in other jurisdictions. Where appropriate, industry and comparable data will be used to supplement or modify the local data. TASK 1.3 NON -TRANSPORTATION COST DATA COLLECTION For each non -transportation facility/service category referenced above, CONSULTANT shall coordinate with applicable departments, agencies, the school district and the property appraiser's office to compile current information (last 12 months) regarding land and construction costs. Specific information collected/documented shall include: • Recent land sales for properties that meet the size and location criteria appropriate for each facility/service category. This information shall, for each land sales transaction, include: Total cost of property Per acre cost of property • Recent construction projects for each service facility category. For each project, information collected shall include: Design Cost - Construction Cost, including landscape and hardscape site improvements Engineering and Inspection Costs • Bids received, contracts awarded, or engineer's cost estimates for applicable projects not yet completed. Current construction cost indices for service facility categories • Historic capital costs/facility inventory lists (total costs and unit costs) Programmed and Planned capital costs 415 All cost information for non -transportation facilities will be reviewed by the consultant against costs for similar construction and development used in other jurisdictions. Where appropriate, industry and comparable data will be used to supplement or modify the local data. TASK 1.4 REVENUE IDENTIFICATION CONSULTANT shall update recent historic and projected capital improvement funding sources, including: Revenue sources for capital expenditures including, but not limited to, the recent local option sales tax extension (and its anticipated use in funding capital for impact fee category capital items), local option gas tax, state grants, and federal grants. Revenue source amount. projections by source. Debt Service for Bond Proceeds used for capital construction TASK 1.5 CREDIT COMPONENT Using the data collected in Tasks 1.2 through 1.4, CONSULTANT shall determine a net impact cost per resident for each non -transportation impact fee facility/service category. This task will involve, but may not be limited to, calculating: • Capital Improvements credit per resident • Effective vacant land value percentages, taking into account taxable values of vacant land and total property value for the County • Revenue credit per resident for past property taxes The CONSULTANT shall also adjust traffic impact fee credits, with an emphasis on the share of Local Option Sales Tax funds allocated to highway projects since 2009. TASK 2 — METHODOLOGY TASK 2.1 UPDATE OF THE AFFORDABLE GROWTH MODEL As part of this Task, CONSULTANT will update the Affordable Growth model that provides flexibility in the levels of impact fees by area or land use and assists the COUNTY in developing incentives to encourage the desired types of future development. Historical and projected population growth rates will be evaluated to update the level of growth incorporated into the model. Based on the results of the updated credit component, available revenue flows will be updated to determine the COUNTY'S ability to buy down fees through this method. Results of this task will be summarized in the draft technical report. 4 416 TASK 3. UPDATED FEE SCHEDULE TASK 3.1 ADMINISTRATION REVIEW AND ADMINISTRATION FEE UPDATE CONSULTANT shall review current procedures and estimate staff time associated with administering the existing impact fee program. Based on that review, CONSULTANT shall determine the annual costs for administering the impact fee program and shall prepare an update of the administration fees as appropriate. That update shall comply with applicable state requirements for establishing impact fee administrative charges. TASK 3.2 FEE SCHEDULE PREPARATION For each facility/service category, CONSULTANT shall coordinate with COUNTY staff to prepare updated fee schedules. The updated schedules must reflect the preferred policy and other alternatives selected by COUNTY, as appropriate. The revised fee schedules will incorporate all relevant updated land acquisition and construction cost data; updated impact fee credit data; and updated independent variable data, as appropriate. The fee schedules will be informed by the Affordable Growth model and may entail revised impact fee formulas, where revision of those formulas have been proposed by CONSULTANT and found acceptable to the COUNTY. TASK 4 —TRANSPORTATION IMPACT FEE BENEFIT DISTRICTS TASK 4.1 EVALUATION OF COUNTY'S TRANSPORTATION IMPACT FEE BENEFIT DISTRICTS CONSULTANT shall evaluate the County's current three transportation impact fee benefit districts and make a recommendation to keep the current three benefit districts or to reduce to two or one countywide benefit districts. TASK 5 —FINAL REPORT TASK 5.1 PUBLIC HEARINGS AND MEETINGS CONSULTANT shall attend three in-person meetings/workshops/public hearings for consideration and adoption of the revised impact fees. At the meetings/workshops, CONSULTANT shall present the proposed impact fees and explain the methodology employed to develop the fees. CONSULTANT shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts. On scheduled in-person meeting/workshops/hearing dates, CONSULTANT shall also schedule separate in-person meetings with staff to review progress on tasks and discuss project status. In addition to these meetings/hearings, CONSULTANT shall attend one kickoff conference call and one conference call to review the draft report. 417 TASK 5.2 DOCUMENT PREPARATION CONSULTANT shall compile information from TASKS 1 - 3 and incorporate that information into a draft report and provide that report to the County in PDF and Word formats, and provide Excel spreadsheet files with formulas (as applicable). The report will include all information, estimates, projections, analysis, assumptions made, and methodologies employed to complete the tasks. The report shall include all relevant information in the principal document, with other information/data incorporated in technical appendices, including a comparison of impact fee rates used in other counties. After COUNTY review, CONSULTANT shall make necessary revisions to the draft and transmit the final report to COUNTY. TASK 6 — IMPACT FEE UPDATE REQUIREMENTS AND PROVISIONS OF WORK TASK 6.1 PROJECT SCHEDULE The schedule for completion for the project will be a maximum of nine (9) months from the date of issuance of the Notice to Proceed. Prior to COUNTY'S issuance of a Notice to Proceed, CONSULTANT shall prepare a schedule of calendar deadlines for deliverables. TASK 6.2 PROGRESS REPORTING AND INVOICING CONSULTANT shall on a monthly basis provide COUNTY with written progress reports describing the work performed on each task. Also on a monthly basis, CONSULTANT shall submit one originally signed copy of an invoice package to the COUNTY'S Project Manager. Judgment on whether work of sufficient quality and quantity has been accomplished will be made by the COUNTY'S Project Manager using a comparison of reported percent work completed against actual work accomplished. FACommunity Development\Impact Fee\Impact Fee Studies\2018 Update\Consultant RFQ\Scope 2018 TIF.doc 6 418 ORDINANCE 2018 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING TITLE X, IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY, PROVIDING FOR AMENDMENTS TO CHAPTER 1000, PURPOSE AND INTENT; BY AMENDING SECTION 1000.13(2), REVIEW; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT TITLE X, IMPACT FEES, OF THE CODE OF INDIAN RIVER COUNTY, CHAPTER 1000, PURPOSE AND INTENT, BE AMENDED AS FOLLOWS: SECTION ONE: Amend Section 1000.13 — "Review" as follows: (1) Each fiscal period, the county administrator shall present a proposed capital improvements program (CIP) to the board of county commissioners for: emergency services facilities, correctional facilities, public buildings, law enforcement facilities, library facilities, solid waste facilities, park and recreation facility, public education facilities and traffic facilities. This CIP shall assign funds, including any accrued interest, from the facilities impact fee trust funds to specific facility improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal year shall be retained in the same facility impact fee trust fund until the next fiscal year, except as provided by the refund provisions of this chapter. (2) The fee schedules contained in this title shall be reviewed and undated by the board of county commissioners r* least once every thud —five (5) years, consistent with Florida Statutes 163.31801. SECTION TWO: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION THREE: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Attachment 3 Bold Underline: Additions to Ordinance 419 Stke thr-sug i Deleted Text from Existing Ordinance 1 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@EC15A4D4\@BCL@EC15A4D4.docx ORDINANCE 2018 - SECTION FIVE: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2018, for a public hearing to be held on the day of , 2018, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2018. :• Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller :_ Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Bold Underline: Additions to Ordinance 420 844Ee thr-euglr: Deleted Text from Existing Ordinance 2 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@ECI5A4D4\@BCL@EC15A4D4.docx A-Ian River La 3oard of Countv Cc ovemher 20. 2018 11 Request to Review Proposed Authorize Staff to Initiate Consultant Selection Process, and Formally Initiate an Impact Fee Ordinance Revision IRC Impact Fees • Traffic impact fees adopted in 1986, updated. 02005 Impact Fee Update: • Updated traffic impact fees • Established 8 non -traffic impact fees and maintained traffic impact fee rate • Established Code Section 1000.13(2) - requires impact fee schedule to be reviewed at least once every third year • Impact fee schedules updated in 20og and 2014 •Impact fee schedules reviewed by BCC on June 13, 20179 BCC decided not to update impact fee schedules until 20j -g and use a 5 year update time frame 2014 Impact Fee Update • Reduced non-residential impact fees as a matter of policy • Affordable Growth Model — Incorporates impact fees and other revenue sources (e.g. local option sales tax) to meet capital needs resulting from new growth. Allows policy decisions to "buy down" impact fee rates with other revenues in slow growth and moderate growth environments • Discontinued collection of Correction Facilities, Solid Waste Facilities, and Library Facilities impact fees, but kept regulations in impact fee ordinance for possible future re -activation by the BCC Proposed Scope of Services for 2019 Update • Consultant expertise again needed to update impact fee schedules •Reduced in scale from 2014 effort • Does not include an evaluation or update for Correctional Facilities, Solid Waste Facilities, or Library Facilities: these fees will remain "suspended" • Does not revisit level of service standards • Does not include a review of certain fee variables such as trip length and trip generation rates • Does update local growth rate • Does update revenues and credits (local option sales tax extended in 201t6) • Does update construction costs • Does update availability of "buy down" revenue used in the Affordable Growth model and resulting changes and updated policy options for fee rates • Does evaluate County's three separate traffic impact fee benefit districts: evaluation will allow BCC to consider reducing number of benefit districts Transportation Impact Fee Benefit Districts Indian River County Impact Fee Benefit Districts Public Meetings •Contract includes: •Consultant attending in person meetings/public hearings for adoption of revised impact fees •Will include participation at public workshop to present draft findings and recommendations Potential Timeline *December 2018 - Issue RFQ for Consultant January 2019 - Proposals due from Consultants •February 2019 —Consultant Contract Review by BCC Estimated six to nine month timeline for study Year Update Timeframe At June 13, 2017 meeting Board directed staff to draft an Impact Fee Ordinance amendment to specify a 5 year update timeframe for impact fee schedules Staff has drafted that change, seeks any initial comments from the Board, and seeks authorization to initiate a formal ordinance change. Recommendation Staff recommends that the BCC: 1. Review the scope of services for the impact fee update, make any necessary changes, and authorize staff to initiate the consultant selection process for the update. 2. Provide staff any initial comments on the draft Impact Fee Ordinance amendment and authorize staff to initiate a formal ordinance amendment. PU ose of Im- act Fees • One-time charge levied against new development for the purpose of financing expansion of a capital facility • Supported in Florida by Court decisions and most recently by the "Florida Impact Fee Act" FS 163.3i8oi • Not taxes! Yee which a feepayer pays must be proportional to the benefit that the feepayer receives • Utilized only for capacity producing capital improvements necessitated by new growth C ose of Impact Fees continues •Not for operation and maintenance expenses •Not to correct existing deficiencies •Assigns the burden of paying for a portion of new public capital facilities to new residents and businesses that will use or benefit from the capital facility *Ensures that new development does not reduce the quality of life for existing residents and businesses. Level of Service • Listed for Each Facility in County's Comprehensive Plan and in County's Impact Fee Ordinance 1"c*a l INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: November 5, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Terry Southard, Operations Manager Jennifer Hyde, Purchasing Manager Subject: Request to Sole Source Brand Purchase Two (2) Pumps for Spoonbill Marsh BACKGROUND: Indian River County Department of Utility Services (IRCDUS) owns and operates two (2) regional potable water treatment facilities. The North County Reverse Osmosis (NCRO) Water Treatment Plant is rated for 11.44 million gallons per day (mgd) and provides critical potable water to County customers. The facility includes a brackish water wetland treatment and disposal site named Spoonbill Marsh (Marsh) that started operation in August 2010. Demineralization concentrate from the NCRO water treatment plant is transmitted via a 16 -inch diameter pipe and blended with Indian River Lagoon water at ratios to achieve compliance with Class III marine surface waters, then discharged to a 69+ acre marsh before exiting through runnels to the Indian River Lagoon (IRL). Indian River Lagoon water is pumped into the marsh by three (3) vertical turbine pumps. ANALYSIS: Since the start of Spoonbill Marsh in August 2010, the three (3) vertical pumps at the headworks to the marsh have experienced issues such as severe corrosion, excessive vibration, reduction in pumping efficiency and total failure. The area where the pumps are located is a harsh environment for equipment. In August 2017, IRCDUS advertised a bid to replace one (1) of the vertical turbine pumps. Three (3) companies submitted bids with Barney's Pump in Lakeland Florida, being the lowest, responsive, responsible bidder at $49,500.00 for a National Pump Company Model H14MC, 1 -stage vertical turbine pump. The new pump has been in service for approximately one (1) month and has performed very well. In Fiscal Year (FY) 18/19, two (2) new pumps to replace existing pumps were budgeted and approved for $110,000.00. IRCDUS is satisfied with the new pump, especially with the quality of material, pumping capability and customer service provided by Barney's Pump. To avoid having to store different spare parts for different brands of pumps, staff recommends standardizing the National Pump Company Model H14MC, 1 -stage vertical turbine pump for the subject application. In order to reduce the lead time, and because of the satisfactory performance of Barney's Pump, IRCDUS suggests purchasing the two (2) identical pumps from Barney's Pump of Lakeland FL. 421 FUNDING: Funds for the items are available in the Spoonbill Marsh Machinery and Equipment account in the operating fund. Operating fund revenues are derived from water and sewer sales. Description Account Number Amount Machinery & Equipment 47129236-066400 $109,590.00 RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners declare the National Pump Company Model H14MC pump as the sole brand for the Spoonbill Marsh facility, waive the requirement for bids and authorize the Purchasing Manager to issue a purchase order to Barney's Pump Inc. for a total lump sum amount of $109,590.00. Attachment: Barney's Pump Inc., Quote Number SQ011194-3 422 Bill to: BARNEY'S PUMPS INC. Indian River County BOCC P Finance Department finance@ircgov.com jbuck@ircgov.com 1840 25th Street Telephone (863) 665-8500 Vero Beach, FL 32958 Fax (863) 666-3858 Ship to: Quotation Indian River County Operations/Warehouse Complex Page 1 4360 41st Street Number SQ011194 3 of 3 Vero Beach, FL 32967 Date 10/27/2018 Customer number 0000399 Attn: Customer P.O. Phone: Destination country Fax: Our ref. 000951 E-mail: Quotation deadline 12/28/2018 Payment Net 30 days Item number Description Ship date Quantity Unit Sales price Amount VTP National Pump model H14MC, 1 -stage vertical turbine TBD 2.00 EA 54,795.00 109,590.00 pump, ductile iron discharge head with stainless steel headshaft for connection to Vertical Hollowshaft Motor (customer supplied) and single cartridge seal. Bowl and column assembly are all 316SS construction, including 316SS impeller, dynamically balanced and 316SS basket strainer. Pump to be a duplicate of S/N C09A002202. Includes Flowserve ISC2 cartridge mechanical seal, 1.500", Carbon/Silicon Carbide and Unaflex Superflex flexible expansion joint, 10" 150# vs 10" 250# flanges. Estimated lead time is 8 weeks ARO Delivery is included in quoted price. Thank you for the opportunity to earn your business. Lead times and/or ship dates are estimates only and are based on the information available at the time of quotation. Please note that these times/dates are subject to change. If shop drawings are required for approval, please request them from our office. Order processed per Barney's Pumps standard terms and conditions of sale. Charges below include freight and any other miscellaneous charges. All shipments are F.O.B. Origin. SIGN BELOW AND RETURN TO AUTHORIZE ORDER: Sales subtotal amount 109,590.00 Charges 0.00 Net amount 0.00 PRINT NAME SIGNATURE DATE Sales tax 0.00 Quoted by: Matt Curls Total 109,590.00 USD E-mail: curlsm@barneyspumps.com 423 Bill to: BARNEY'S PUMPS INC. Indian River County BOCC P Finance Department finance@ircgov.com jbuck@ircgov.com 1840 25th Street Telephone Vero Beach, FL 32958 p (863) 665-8500 Fax (863)666-3858 Ship to: Quotation Indian River County Operations/Warehouse Complex Page 2 3 4360 41st Street Number SQ011194 3 Vero Beach, FL 32967 Date 10/27/2018 Customer number 0000399 Attn: Customer P.O. Phone: Destination country Fax: Our ref. 000951 Quotation deadline 12/28/2018 E-mail: Payment Net 30 days j Barney's Pumps Terms of Sale & Warranty I 11. Pricing is based upon these and our manufacturer's standard terms and conditions of sale. Copies of manufacturer's idocuments are available for review. No other terms or conditions of sale apply unless accepted in writing by the Barney's Pumps Credit Manager or an officer of the company. Quoted prices do not include any taxes and are valid for 4THIRTY (30) days from the date of Barney's Pumps' proposal unless otherwise noted on the proposal. If the proposal is !not unconditionally accepted, in writing, within that timeframe, Barney's Pumps reserves the right to modify pricing. I 2. Standard payment terms are net 30 days from invoice date. For contractor sales: Minimum 90% net 30 days — sBalance of retainage due at start-up OR eighty (80) days from invoice date, whichever occurs first. j3. We reserve the right to charge one and one-half percent (1-1/2%) of the past due balance per month. If it becomes necessary for us to employ an attorney or to bring suit to recover any amount, the Purchaser agrees to pay all of our court costs, legal expenses, and reasonable attorney's fees in connection therewith. These remedies are not in lieu of tany other remedies so provided by applicable law. 44. Shipping and shop drawing production schedules are estimates based on current market conditions; they are subject Ito revision. We will not be liable or responsible for any delays caused by late shipment to us, or by any other matters !beyond our control (Force Majeure) either in whole or in part. 15. If requested, shop drawings will be provided for submittal, review and approval to ensure that you, our customer, (can be sure that Barney's Pumps has the correct perception of what you require. Any order where shop drawings are Eprovided is contingent upon the approval of those shop drawings that, when approved, shall become the only :specifications for the materials/goods you wish to purchase. Barney's Pumps cannot and does not warrant, guarantee {or represent that materials/goods are suitable for any particular purpose nor does Barney's Pumps warrant, guarantee 'or represent that the materials/goods will be or have been approved for use by any other party. The customer is not authorized to rely on any warranty or representation by Barney's Pumps not contained in this document or otherwise provided in writing. 6. Purchaser must inspect all materials/goods for damage or shortage at the time of delivery. Claims for damage or !shortage must be given in writing at the time of delivery to the carrier, and we must be notified in writing of any such (claim within five (5) days. 17. Materials/goods may not be returned without our consent and will be subject to a restocking charge plus any freight (costs involved. 18. LIMITED WARRANTY: Materials/goods manufactured by others are warranted only under the conditions and to the extent that they are warranted by the manufacturer(s) of said materials/goods, whose warranties will be furnished and tassigned to Purchaser on request. We will not be liable for any breach of such warranty and Barney's Pumps does not provide any express or implied warranty concerning such materials/goods. With respect to materials/goods manufactured by Barney's Pumps, including Unitron Controls® electrical control ;panels, we warrant said materials/goods only to the original purchaser and only against defects in workmanship and ;material, subject to the limitations described below. The warranty period shall be the lesser of one year from startup or I 4 Bill to: BARNEY'S PUMPS INC. B P Indian River County BOCC Finance Department finance@ircgov.com jbuck@ircgov.com 1840 25th Street Telephone (863) 665-8500 Vero Beach, FL 32958 Fax (863) 666-3858 Ship to: Quotation Indian River County Operations/Warehouse Complex Page 3 4360 41st Street Number SQ011194 3 of 3 Vero Beach, FL 32967 Date 10/27/2018 Customer number 0000399 Attn: Customer P.O. Phone: Destination country Fax: Our ref. 000951 Quotation deadline 12/28/2018 E-mail: Payment Net 30 days eighteen (18) months from date of shipment. It is the original purchaser's responsibility to ensure that the equipment is properly lubricated and that electrical components used in the control panels are free from rust and operate properly prior to start-up. This warranty does not apply to damage resulting from accident, alteration, misuse or abuse. Parts of products, or accessories, manufactured by others are warranted only to the extent of the original manufacturer's express warranty, if any. We warrant to the original purchaser that any part which proves to be defective in material or workmanship will be repaired or replaced at no charge with a new or remanufactured part, F.O.B. Lakeland, Florida. The original purchaser shall assume all responsibility and expense for removal, reinstallation, and freight to and from Lakeland, Florida. Any item designated as manufactured by others shall be covered only by the express warranty of the manufacturer thereof, if any. EXCLUSION OF ALL OTHER WARRANTIES: THE WARRANTIES CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED; ALL OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND'EXCLUDED FROM THIS TRANSACTION AND SHALL NOT APPLY TO ANY GOODS OR MATERIALS PRODUCED OR MANUFACTURED BY BARNEY'S PUMPS. EFor those items partially or totally manufactured by others and incorporated into our system(s) for resale, we pass along their warranty in total, but do not offer additional warranties, nor certify that they meet the intent of any request. !Other than the above express warranty, Barney's Pumps makes no other warranties or representations whatsoever. In !order for our said warranty to be enforceable, we must first be given a written notice and a reasonable opportunity to inspect the materials/goods alleged to be defective, as well as the installation and use thereof. Warranty is determined !solely by the manufacturer of the materials/goods. i9. Service, Repair and Maintenance Work: From time to time, Barney's Pumps may perform service, repair and !maintenance work for the customer on materials/goods purchased by the customer and/or provide training to the customers concerning said materials/goods. For all repair and maintenance work performed by Barney's Pumps at !Barney's Pumps facility, Barney's Pumps warrants said repair and maintenance work against defects in material and workmanship only for the ninety (90) days from the completion of said repair and maintenance work. For service, Irepair and maintenance in the field and for training to customers, Barney's Pumps warrants only that said service, repair and maintenance and field training shall be free from defects in materials and workmanship for ninety (90) days. 10. In no event will we be liable for consequential damages, incidental damages, special damages, indirect damages, floss of use, loss of performance, loss of operations, loss of profit, or any other damages with respect to any materials/goods supplied by us, whether solely manufactured by us or others. Barney's Pumps and the original purchaser agree that the sole and exclusive remedy against Barney's Pumps regarding goods and materials manufactured by Barney's Pumps shall be for the repair or replacement of defective parts as provided above. Indemnification and/or Hold Harmless is not accepted by Barney's Pumps. This in no way diminishes the rights of either party. It is simply our corporate policy to rely on our extensive warranty outlined above. 425 ia.c� INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: November 10, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, PE, Director of Utility Services Prepared By: Arjuna Weragoda, PE, Capital Projects Manager Subject: Asset Management Program Services- Phase 1A DESCRIPTIONS AND CONDITIONS: On October 17, 2017, the Indian River County Board of County Commissioners (BCC) approved the Asset Management Plan (AMP) Services outlined in Exhibit A with Arcadis U.S., Inc. in the amount of $448,888. ANALYSIS: In the original scope of work, Arcadis provided a detailed scope of services, separated into seven (7) tasks, outlining a roadmap to create and implement a comprehensive Asset Management Program. The tasks are as follows: Task 1 Project Management and Kickoff Meeting Task 2 Best Practices Training and Team Chartering Task 3 Gap Analysis Task 4 Asset Management Strategy Task 5 Implementation Roadmap Task 6 Condition Assessment and Risk Methodology Development Task 7 Pilot Asset Condition and Risk Assessment Arcadis has successfully completed the majority of the tasks and is working on Task 7, the Pilot Asset Condition and Risk Assessment portion of the project. The end of Fiscal Year (FY) 17/18 concluded on September 30, 2018, and the total billed services at that time were $359,110.40, leaving a balance of $89,777.60. During Task 3, Gap Analysis, it was determined that the existing Computer Management Maintenance System (CCMS) Indian River County Department of Utility Services (IRCDUS) currently uses, called SEMS, did not have the proper table structure or database set up in regard to an Asset Management Plan (AMP). Much of the work done on equipment prior to Arcadis' evaluation was unable to be queried in such a way as to run reports or glean useful information regarding work efforts at a particular location or device. 426 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@48217780\@BCL@48217780.docx The purpose of this agenda is twofold. First, it is to complete the phase 1 remaining portion of the project (Task 7), and second, it is to update the SEMS software (Task 7.5 specifically) in order to bring in all the field data from the pilot project so that it can be stored in a central location and become the foundation on which IRCDUS builds its AMP. The data could then be used/queried in the future to make informed decisions regarding renewal and replacement of IRCDUS assets. Arcadis U.S., Inc. has provided an updated scope of service called Phase 1A, which is Exhibit 1A in the attached back up. The proposal is submitted to IRCDUS utilizing the 2017029 Asset Management Request for Qualification (RFQ), and specifically outline in the Agreement for Professional Services dated October 17, 2017. The total lump sum fee for the Phase 1A services is $121,500.00. FUNDING: Funding of $400,000.00 for the second phase of the AMP was budgeted and approved for FY 18/19. Funding for the AMP .is available in the other professional services account in the Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Asset Management Program -Phase 1A 1 47123536-033190 $121,500.00 RECOMMENDATION: Staff recommends approval of the revised scope of services outlined in Exhibit 1A authorizing the mentioned professional services and requests the Board of County Commissioners accept the amended scope of services for a lump sum amount of $121,500.00 to Arcadis U.S., Inc. ATTACHMENT(s): Exhibit 1A - Asset Management Program Services Exhibit 1B — Fee Estimate 427 EXHIBIT 1A ASSET MANAGEMENT PROGRAM SERVICES 1) PROJECT UNDERSTANDING Indian River County Department of Utility Services (IRCDUS) owns and operates both water and wastewater utility infrastructure and serves approximately 50,000 accounts. This infrastructure consists of water production facilities, water wells, potable water distribution networks, wastewater treatment facilities, wastewater collection systems, and reclaimed water distribution networks. This infrastructure is comprised of a considerable number of assets in the form of equipment, buildings, property, pipelines, manholes, supply wells, a storage well, and a variety of other components used in operating the systems. These assets require preventative and corrective maintenance with a limited service life requiring eventual replacement. In addition, the systems will expand over time as new customers connect to the system, adding additional assets to the infrastructure. IRCDUS desires enhancements to its existing asset management practices including defining organizational goals, objectives and performance measures, improving processes and practices, and understanding staffing needs to strengthen and formalize a comprehensive asset management (AM) Program. As a result, IRCDUS has identified a need to develop an overall AM Program to manage its assets with the goal of minimizing catastrophic failures, maintaining service levels, and maximizing renewal investment decisions. The development of the Program will occur over several phases. The original Phase I scope of work was not completed as anticipated during FY 18 and $89,777.60 remains unused from the project original budget. A Phase IA is proposed to complete the remaining Task 1 and Task 7 work during FY 19 and include a small amount of additional scope to create a process for IRCDUS to become self-sufficient with condition and risk assessment by utilizing their existing Computerized Maintenance Management System (CMMS). The Phase IA scope of work will complete the condition and risk assessment, pilot and create a process for on-going condition and risk assessments which includes: • Performing a Pilot Condition, Consequence of Failure and Risk Assessment to create a formalized SOP to support additional assessments • Creating an ongoing Condition Assessment process within the exiting CMMS product for data collection and reporting Detailed scope of work follows. 2) SCOPE OF SERVICES Upon authorization to proceed from IRCDUS, the CONSULTANT will provide the following identified services. Page - 1 INDIAN RIVER COUNTY UTILITIES ASSET MANAGEMENT PROGRAM SER4CES Task 1— PROJECT MANAGEMENT AND KICKOFF MEETING This task consists of overall management of the project including budget management, invoicing, monthly status reports, project scheduling, and coordination with IRCDUS. 1.1 Project Management. Services provided will include project staffing, budget, schedule management, monthly invoicing, status reports, quality assurance, and deliverable review over the anticipated life of this project. Project Management will be ongoing for the duration of the project. Task 7 - PILOT ASSET CONDITION AND RISK ASSESSMENT This task consists of applying the draft Condition and Risk Assessment SOP created in task 6.6 to validate the SOP meets the needs of IRCDUS. Approximately 4 days of field physical condition assessment will be conducted at select facilities in addition to desktop evaluations to complete the inventory and calculate a risk score for each asset as well as a remaining life estimate. 7.1 Asset Inventory and Supporting Data: The CONSULTANT will use the exports from the existing maintenance management software to populate the initial inventory database and request data for review related to the consequence of failure and performance criteria established. All information including facility as built drawings will be reviewed by the assessment team leader prior to field work. 7.2 Field Physical Condition Assessment: The CONSULTANT will assemble an assessment team consisting of a mechanical, electrical, and structural engineer to visually assess assets for up to 4 days. The team will utilize the CONSULTANT's Asset Hound tablet -based data collection system to update and validate the inventory and collect the appropriate physical attributes and condition scoring. 7.3 Desktop Assessment and Risk Scoring: The CONSULTANT will hold a half day workshop directly following the field condition assessment with IRCDUS operations and maintenance staff to score the other asset failure modes, consequence of failure and redundancy as defined in the draft SOP. This will facilitate an overall risk score for each asset as well as a remaining life estimate. Planning level replacement cost estimates will be calculated by the CONSULTANT for each asset based upon the methodology established in task 6.4. Useful Life estimates based upon task 6.4 will also be applied to facilitate long term funding needs projections. 7.4 Results Review Workshop and Final SOP: The CONSULTANT will conduct a half day workshop to review the outcomes of the pilot, discuss lessons learned and take any comments for revisions to the draft SOP. Recommendations will be presented regarding asset replacements needed in the 5 -year Capital Improvement Program (CIP), the 30 -year funding needs and any enhanced maintenance program needs. Page - 2 INDIAN RIVER COUNTY UTILITIES ASSET MANAGEMENT PROGRAM SER TO 7.5 CMMS Data Integration, Update Process, and Reporting: The CONSULTANT will work with the IRCDUS existing CMMS vendor, SEMS, to effectively import the condition and risk assessment data from Phase I. The CONSULTANT will also work with SEMS to create a work order process for IRCDUS to perform ongoing condition and risk assessments through creating specific work order types for electrical, mechanical, and structural physical condition, performance condition, and consequence of failure, that can be scheduled and filled out either on paper or laptop with the data populated into SEMS for decision making. A stored procedure or view will be created in SEMS to pass the data into the Power BI reporting template that will be created as part of Task 7.3. Task 7 Deliverables: • Materials and facilitation of the Results Review Workshop • Excel or Access database containing pilot area inventory condition and risk calculations, including 5- year CIP needs for asset replacement and 30- year funding projections • Final SOP for aboveground condition and risk assessment methodology • Upload of Pilot Condition and Risk Information into SEMS • SEMS work order process for physical condition, performance condition, consequence of failure, and useful life evaluation • Process for reporting data from SEMS into Power BI to support CIP and Maintenance Planning 3) SCHEDULE Task Start End Date Date 1— Project Management 12/1/18 2/1/19 7 — Pilot Asset Condition and Risk Assessment 12/1/18 2/1/19 Page - 3 INDIAN RIVER COUNTY UTILITIES ASSET MANAGEMENT PROGRAM SER4JV EXHIBIT 1B FEE ESTIMATE 431 Project Manager Sr. Professional Asset M nt Sr. Professional IT/GIS Lead Project Professional Project Professional Assistant Project Professional Sr Admin Admin Total Hours Total Billable Other Reimbursable expenses (at cost ask No Task Description Her Osthues/ Aza ra Heltzel Ware/Lehman 1 Project Management 1.1 IProject Management 8 1 12 4 1 1 24 $4,680 7 Pilot Asset Condition and Risk Assessment 7.1 Asset Inventory and Supporting Data $0 7.2 Field Physical Condition Assessment $0 7.3 Desktop Assessment and Risk Scoring 8 24 24 40 4 40 140 $27,740 7.4 Results Review Workshop and Final SOP 24 24 40 40 4 132 $26,080 7.5 CMMS data integration, update process and reporting 8 8 16 80 112 $23,000 Total Hours 48 1 56 1 40 172 1 4 1 80 4 4 408 $81,500 Not to exceed Estimated Billing Rate $265.00 $250.00 1 $230.00 1 $190.00 1 $175.00 1 $145.00 1 $70.00 1 $80.001 1$40,000 Estimated Total Billable 1 $12,720 $14,000 1 $9,200 1 $32,680 1 $700 1 $11,600 1 $280 1 $320 Total Estimated Fee $121,500 431 10A Ofce of Attorney's Matters 1112012018 INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney �v DATE: November 13, 2018 ATTORNEY SUBJECT: Approval of License Agreement between Lutgert Vero, LLC and Indian River County for construction of a dune crossover at Tracking Station Park In June 2017, Lutgert Vero LLC purchased two parcels of property located within the Town of Indian River Shores. The parcels are depicted on the attached aerial photo. The eastern most parcel is 2.53 acres in size with the western parcel 2.87 acres for a total of 5.40 acres. The two parcels do not have direct access to the beach but are adjacent to the north section of the County owned Tracking Station Park (aerial photo attached). While the property is now unimproved, Lutgert has submitted plans to Indian River Shores to construct condominiums on the parcels. On April 4, 2017, the Board of County Commissioners considered a request from Indian River Shores to allow the purchaser of the property to have non-exclusive access to the beach through Tracking Station Park, including authorization to construct a dune crossover. At that time, the Board voted to allow construction of one dune crossover, subject to the purchaser (Lutgert) entering into a non- exclusive license agreement with the County. As a part of the Board's approval, the Board specified that no sea grape trimming is to occur, except as necessary to maintain and protect the paths associated with the crossover. The minutes from the April 4, 2017 Board meeting are attached to this memorandum. After purchasing the parcels, Lutgert approached the County about obtaining access to the beach via Tracking Station Park. The developer has offered to design, permit, construct and maintain a path and dune crossover in the northern most section of the park (see the attachments to the License Agreement). The crossover and path would be open to the public up to the point the path meets with the Lutgert property line. The important aspects of the License Agreement include: Lutgert will design, engineer, permit, construct and maintain the dune -crossover at a location to be approved by the County the dune -crossover will be open to the public for use during daylight hours ❖ Lutgert will perform limited, periodic maintenance on .the County parcel to preserve the natural character of the area around the crossover ❖ Lutgert will remove selected exotic plant species to the limited extent needed for path and crossover construction and replace with native species under supervision of a County environmental manager ❖ plans and specifications for a dune -crossover and public access path are subject to prior County approval 432 Tracking Station Crossover License November 13, 2018 Page 2 ❖ the path and crossover are created for the benefit and use of the public and no signage discouraging their use shall be posted ❖ residents or guests of the Lutgert Property cannot store anything on the County's property, such as beach chairs, fishing equipment or watercraft At this time it is difficult to depict the exact location of the crossover, due to tree preservation and other site plan requirements. Once the location is determined and approved by the County, a location sketch of the crossover will be included with the " as-builts" drawings submitted to the County by Lutgert. FUNDING. There is no impact to County funding with this License Agreement. Any recording fees will be paid by Lutgert. RECOMMENDATION. Staff recommends the Board of County Commissioners approve the License Agreement between Lutgert Vero LLC and Indian River County and authorize the Chairman to execute the Agreement on behalf of the Board. Attachments: Aerial photo of properties Minutes from April 4, 2017 BCC meeting License Agreement with attachments Copy to: Roland DeBlois, Chief, Environmental Planning Bruce Barkett, Attorney for Lutgert Bbarkett(aD.verolaw. com 433 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print I Back Indian River County GIS ParcelID OwnerName 32401900000009000006.1 LUTGERT VERO LLC 32402000000001000002.1 LUTGERT VERO LLC Notes h4://www.irepa.org/PrintMap.aspx A VI 434 11/13/2018 77 P� • 1 '\ } w w t71•�MeuG'cbe� t p EnginsJ PropertyAddress HIGHWAY AIA VERO BEACH, FL 32963 HIGHWAY AIA VERO BEACH, FL 32963 A VI 434 11/13/2018 •e,Ja,t,>' Tracking Station Beach Park `• fir. f r' � �-: - � , �[" ,- I�'- j, I � _ __mss. �_e: • SURF LN �^ EA tr: w 9 i��,1 i tet' .��[ ...1 -t+� •t'� ••. t'Sr•, f lY i. :!'•ts. �'.?�. i -� �. 16•t."' , jam. yam' �e►�ii.�i ._ .-, rx `, �� �',et,ti.- ,a�' 111tI. �"' �Jr Iiu� ;� •!'� North Gate,•' k. • �A , 4 S _1:.. Pie y• 17, iTracking Beach Pail _ 'f.' ..��]ItA►� _ 4i'r: Fes'"' 3 t � ��o s �. - .(�� ti<.':r � -•... �:: r ,,•�'•' _ - it � �+- South Gate) �'... _ t -'<Fe �.• 46TH PL E' 0 900 200 Feet ....'+Fiv r�� ;T .i: ..Y t".� =,y, ` t •1 - .+, ' !SILVER SHORES RD' 43 ,IDeteofAe allti/30/2016 - �-r� Path: :\PmjectsWdministration\2017 0328_TrackingStation racking talion_ each ark_2017_0329.rrxd _ Map ate: 3/29/2017 1 Board of County Commissioners Meeting Minutes - Final April 4, 2017 Commissioner Zorc shared details from an interesting audience he had with Senator Greg Steube, and thanked Mr. Conway for his efforts. No Action Taken or Required C. PUBLIC NOTICE ITEMS 10.C.1 17-0311 Notice of Public Hearing for A 1, 2017: Prima Vista Corporation's Request for Abandonme of a Portion of 129th Avenue (now being 93rd Avenue) and ortion of 130th Avenue (now being 93rd Court) within the P ise Park Unit No. 3 Subdivision [ROWA-17-02-01 / 20020 53-78160] (Legislative) Recommended Action: s notice of public hearing is provided for the Board's information. No action is needed at this time. County Attorney Dylan Reingold read the Notice of Public Hearing into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS I I.A 17-0372 Public Beach Access from the 5.38 Acre Parcel owned by the Town of Indian River Shores Recommended Action: Staff recommends that the Board of County Commissioners approve the following regarding public access from the Town property through the Tracking Station Oceanfront Park: 1.) Provide permission for the future owner(s) to construct only one (1) dune crossover, to serve all parcels, as permitted by the County and any other appropriate permitting agencies including, but not limited to, county dune permit, jurisdictional building permit, and Florida Department of Environmental Protection approval. The property owner(s) will need to enter into a license agreement with the County for the. dune cross-over structure. This must be a non-exclusive access agreement addressing public access rights, liability, penalties for non-compliance, maintenance, replacement, and insurance. 2.) Item 1 is contingent upon the Town providing a 7' non-exclusive public access easement from AIA to the Tracking Station Oceanfront Park along the south side of the property. This public access easement must contain a deed restriction that would require approval of the County as well as the Town for any future changes or abandonment. The existing fence is to be moved to edge of this easement. 3.) Item 1 requires future owner(s) to provide nonexclusive public access from the existing north gate to the dune crossover. Indian River County Florida Page 12 436 Board of County Commissioners Meeting Minutes - Final April 4, 2017 Attachments: Staff Report Oriainai Request from the Town of Indian River Shores March 15, 2017 Correspondence Conceptual Plan showing one (1) dune crossover Conceptual Pian showing three (3) dune crossovers Map of Tracking Station showing existing north gate (Clerk's Note: This item was heard after the break, beginning at 10:49 a.m., and is placed here for continuity.) County Administrator Jason Brown read into the record details concerning the public beach access of the 5.38 acre parcel owned by the Town of Indian River Shores. The tems addressed included: 1) Permission for the future owner(s) to construct one (1) dune crossover with proper licensing, regardless of the structure of the sale, and for future property owner(s) to enter into a license agreement with the County for the dune crossover structure; 2) Staffs recommendation regarding the seven (7') foot width of the public access easement leading from AIA to the Tracking Station Oceanfront Park, and the existing fence that would need to be moved to the edge of this easement; 3) Future owner(s) to provide nonexclusive public access from the existing north gate, along County property, to the dune crossover; and 4) Trimming of vegetation and Seagrape trees on County property; however, the Town of Indian River Shores withdrew the previous request. Mayor of Indian River Shores Brian Barefoot asked the Board to modify the wording, changing the term from "easement" to "right-of-way", when referring to the public access path. He questioned the County Administrator regarding the width of the public access path, as well as the recommended license agreement pertaining to liability. Additionally, Mayor Barefoot requested a special meeting be held in order to make a decision on the trimming of Seagrape trees due to the fact that they are very tall and would obstruct a future owner's ocean view. Chairman Flescher inquired as to who would maintain the public access path, and advised that the Board would address the Seagrape trimming issue so that an immediate decision could be made. Discussion ensued relative to the width of the public access path and the trimming of Seagrapes. Assistant County Adminstrator Michael Zito confirmed that the County does not trim Seagrapes along the coastal line. Patricia Gundy, 4571 Pebble Bay South, sought and received information on the possibility that future land owner(s) would not want the public beach access crossover. Indian River County Florida Page 13 437 Board of County Commissioners Meeting Minutes - Final April 4, 2017 Leslie Abbott, 4556 Pebble Bay South, commented in support of not trimming the Seagrape trees for erosion purposes. Debbie Mackay, 4705 Pebble Bay Circle, spoke in support of not trimming the Seagrape trees, and thanked the Board for their knowledge and concern for the environment. Robert Abbott, 4556 Pebble Bay South, made observations regarding the importance of the five (5) foot path being ADA accessible. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve staffs recommendation with the following amendments: Under Item 2) change from a seven (7') foot non-exclusive public access easement to a five (5) foot clear public access right-of-way. Add Item 4) The County does not support any trimming of Seagrape trees on the County triangular parcel, other than that which may be necessary to protect the paths that are built to get to the crossover. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc The Chairman called for a break at 12:01 p.m., and reconvened the p.m., with all members present. Immediately following the break, discussion began on 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1 17-0327 Cons' ration of Continuing Participation with St. Lucie County and rtin County in the Treasure Coast Home Program Consortium Recommended Ac ' n: Based on the analysis performed, staff recommends that the Board of County Commissioners determine whether or not to continue with the Treasure Coast HOME Consortium after the current consortium contract ends in 2018. Indian River County Florida Page 14 438 r LICENSE AGREEMENT This License Agreement (Agreement) is made and entered into this day of , 2018, ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27t' Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and Lutgert Vero, LLC, a Florida limited liability company, whose mailing address is 4200 Gulf Shore Boulevard North, Naples, FL 34103, hereinafter referred to as "Licensee". WITNESSETH: For and in consideration of the following covenants and agreements, the parties hereto state as follows: WHEREAS, Indian River County is the owner of the following described property, commonly referred to as Tracking Station Park, located in Indian River County, Florida (the County Parcel): See Exhibit "A", attached hereto and made a part hereof; and WHEREAS, Licensee is the owner of two parcels of real property that are adjacent to the County Parcel within the Town of Indian River Shores in Indian River County, described on Exhibit "B" attached hereto and made a part hereof (Development Property); and WHEREAS, Licensee intends to develop the Development Property as a residential community; and WHEREAS, the County Parcel is situated between the Development Property and the shoreline of the Atlantic Ocean; and 1 439 WHEREAS, Licensee has sought permission to enter'upon the County Parcel to construct and maintain a path and dune -crossover which would serve as an amenity for the residents and guests of the Development Property and also be accessible by the public; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties agree as follows: 1. The foregoing WHEREAS clauses are true and correct and incorporated herein as part of this Agreement. 2. The County hereby grants to Licensee a license to design, engineer, permit, construct and maintain a dune -crossover on the County Parcel at a location to be approved by the County in writing. Following construction, Licensee shall deliver to County "as -built" drawings of the dune cross-over, which shall include a location sketch. 3. The dune -crossover shall be open to the public for use during daylight hours. 4. The Licensee shall be responsible for performing limited, periodic maintenance on the County parcel only directly adjacent. to and abutting the crossover and the path, consisting of removal of dead, fallen branches obstructing the pathway or the crossover, selective pruning of live branches interfering with the ingress/egress of the pathway or the crossover. Licensee shall not perform any other trimming, removal of vegetation or landscape maintenance'on the County Parcel. 5. Under the direct supervision of a County environmental manager, Licensee may remove selected exotic plant species and replace the exotics with 2 440 native plant species so long as the removal is preapproved by the County in writing and confirmed in a field meeting conducted prior to any removal. 6. County agrees to allow Licensee to enter the County Parcel for the purposes described herein, provided: A. Licensee shall provide County with plans and specifications for a dune -crossover and public access path prior to commencement of construction. The crossover and access path shall be substantially similar to those found in other County beach parks. B, County shall have approved such plans and specifications, which approval shall not be unreasonably delayed or denied. C. Licensee shall be responsible to obtain all necessary governmental approvals and permits including a building permit. D. INDEMNITY. To the extent allowed by law, Licensee agrees to indemnify, defend and hold harmless the County, its officers, directors and employees (collectively, "Indemnified Persons"), from and against all claims and liabilities (including reasonable aftomeys' fees and court costs) caused by or arising out of (i) Licensee's breach of any of Its obligations, covenants, or warranties contained herein, or (ii) Licensee's acts or omissions with regard to the License. However, in the event of an Indemnified Person's contributory negligence or other fault, the Indemnified Person shall not be indemnified hereunder to the extent that the Indemnified Person's negligence or other fault caused such claim or liability. 3 441 E. INSURANCE. Licensee shall insure against property damage and bodily injury arising by reason of occurrences on or about the County Parcel in the amount of not less than $1,000,000.00. The insurance coverage provided for herein may be maintained pursuant to master policies of insurance covering Licensee's other properties. All insurance policies required to be maintained by Licensee hereunder shall be with responsible insurance companies, authorized to do business in Florida, and shall provide for cancellation only upon 30 days' prior written notice to County. Licensee shall evidence such insurance coverage by delivering to County, a copy of a certificate of insurance listing the County as an additional insured. 7. The Term of this License shall commence on the Effective Date and shall continue until terminated as follows: A. Upon disincorporation of the Licensee, at which time any improvements under this license shall become the property of County, unless a successor corporation or other entity approved in advance by the County enters into a substantially similar license agreement for the usage of the path and dune -crossover within ninety (90) days of disincorporation of Licensee. B. This license may also be terminated by County if Licensee, its members, or guests violate this Agreement and fails to correct the violation within a reasonable time after written notice from the County specifically describing the violation. Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River County. 4 442 Any event of termination shall cause any and all improvements to become the property of Indian River County; B. Licensee agrees to pay County $250.00 plus applicable sales tax on the Effective Date of this Agreement for the right of Licensee and its members and guests to utilize the dune -crossover, without excluding the general public from same, and to periodically carry out the Dune Vegetation Maintenance Plan. 9. Licensee shall have the right to assign all of its rights and obligations under this license agreement to .a Chapter 720. homeowners' association created for Licensee's Development Property ("Permitted Assignee'). 10. Licensee agrees that the County may make periodic inspections of the path and dune -crossover. Licensee further agrees to correct any maintenance deficiencies which could have an ,adverse impact on health or safety within thirty (30) days of notification of any such deficiencies identified by a periodic inspection; 11. Licensee agrees that the path and crossover are created for the benefit and use of the public and that no signage discouraging their use shall be posted. Discouraging public use of the path or crossover shall be deemed a violation of this Agreement. 12. Residents or guests of the Development Property shall not store or keep anything on the County's property, Including, but not limited to: beach chairs, fishing equipment or watercraft. 13. This license agreement shall be recorded in the Public Records of Indian River County, Florida. 5 443 IN WITNESS WHEREOF, County and Licensee have caused this agreement to be signed in their respective names. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Chairman BCC Approved: Attest; Jeffrey R. Smith, Clerk of Court and Comptroller By.: Deputy Clerk Approved as to form and legal sufficiency r William K. De raal� Deputy County Attorney Approved: Jason E. Brown County Administrator 444 Witnesses: Signature:1WI C, , Printed name: Kora affirTibsc tiej) Signature: cd0.I Printed name: L,,,ro iac ald LUTGERT VERO, LLC By: MICHAEL T. HOYT Manager - STATE OF FLOR COUNTY OF T-rh�o� foregoi instrument was acknowledged before me this day of !Wf M v1k4 , 20 by Michael T. Hoyt, Manager, Lutgert Vero, LLC, with full authority to do so and Lwho is :personally known .to me or produced _ as identification. NOTARY PUB Signature: `" d `U Printed name; M (./�it�t�,6� Commission No.0- t l2�L Commission Expiration:�'��i app° ••, NANCY L wE5rMY } Notary Public, State of Florida My Comm. Expires Oct 22.2019 Vgmntiaalcn No. FF 913122 7 445 SKETCH & DESCRIPTION SECTION 20, TOWNSHIP 32 SOUTH, RANGE 40 EAST LEGAL DESCRIPTION: EXHIBIT "A" SHEET I OF 2 NOT VALID WITHOUT THE SKETCH ON SHEET 2 OF 2 (OFFICIAL RECORDS BOOK 363, PAGE 33) THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN GOVERNMENT LOT 1, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 40 EAST IN INDIAN RIVER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: AS A POINT OF REFERENCE, COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20: RUN THENCE S89'45'25"E ALONG THE SOUTH LINE OF SAID SECTION 20, A DISTANCE OF 349.14 FEET TO A CONCRETE MONUMENT; THENCE N00'13'15"E, 1000 FEET TO THE POINT OF BEGINNING OF THE PROPERTY HEREBY CONVEYED; FROM SAID POINT OF BEGINNING, CONTINUE N00'13'15"E, 350 FEET TO A POINT; 'THENCE S89'45'25"E, 90 FEET, MORE OR LESS, TO THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN: THENCE MEANDER IN A SOUTHEASTERLY DIRECTION 375 FEET , MORE OR LESS, TO A LINE THAT IS PARALLEL AND 1000 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 20: THENCE N89'45'25" W, 208 FEET, MORE OR LESS, TO A LINE THAT IS PARALLEL AND 349.14 FEET EAST OF THE WEST LINE OF SAID SECTION 20 AND THE POINT OF BEGINNING, CONTAINING 1.21 ACRES, MORE OR LESS. SURVEYORS NOTES: 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF SECTION 20 BEARS S89'45'25"E PER THE DESCRIPTION AS RECORDED IN OFFICIAL RECORDS, BOOK- 36.3,(PAGE 33 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. PROFESSIONAL SURVEYOR AND MAPPER IN RESPONSIElt1 CHARGE STEVE CARTECHINE FLORIDA,°CERTIFICATE-. Pib. 4895 CERTIFICATE OF AUTHORIZATION •kLB 7545 ll��li8 DATE OF SIGNATURE NOT VALID UNLESS SIGNED AND SEALED DRAWING NO.: 17-255 PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING 1835 20TH STREET, VERO BEACH, FLORIDA 32960 (772) 569-7880 4 SKETCH & DESCRIPTION SECTION 20, TOWNSHIP 32 SOUTH, RANGE 40 EAST THIS IS NOT A SURVEY (SCALE: 1" =1 00') LOT 34 I I 1 -- ----------------------------------J 1 LOT 36 PEBBLE BEACH DEVELOPMENT N0. 2 i PLAT BOOK 7, PAGE 83 ' LOT 35 t EAST BOUNDARY OF PEBBLE BEACH DEVELOPMENT NO. 2 1 ---------------------------- I I I SOUTH BOUNDARY OF PEBBLE BEACH DEVELOPMENT NO. 2 SECTION 19 PARCEL ID GOVT LOT 9 32401900015000000000.0 SECRON 20 POINT OF SECTION 19 GOVT LOT 1 BEGINNING ;OVT LOT 10 N PARCEL ID o PARCEL ID O V U 32402000000001000002.1 SW CORNER OF HI y to 0 � � SOUTH UNE OF SEC71ON 20 • J r O 1 2 5.0' WIDE PUBLIC ACCESS PARCEL ID - - - 32402000000001000002.0 ------- — ----------------------- 349.14' I PEBBLE BEACH VILLAS PARCEL ID o 32401900015000000000.0 0 POINT OF o BEGINNING PARCEL ID h ^ 32402000000001000006.0 0 SW CORNER OF SEC77ON 20 2 S89 45 25 E 349.14' SOUTH UNE OF SEC71ON 20 SHEET 2 OF 2 \ NOT VALID WITHOUT THE LEGAL o A DESCRIPTION ON SHEET 1 OF 2 o ,1 1 PARCEL ID 3240200000000100000J.0 (TRACK/NG STATION) ORB 610, PG 2136 S89 -45'25"E4, 90'f \. Ln ) O CA A lJ m P D v N It ja L IQ's W O� W s � � PARCEL ID o \ r 32402000000001000003.0 (TRACKING STATION) ORB 363, PG 33 N89 *4525"W 208'± \\ PARCEL ID \ 32402000000001000003.0 (TRACKING STATION) 1 ORB 610, PC 2136 \ POINT OF COMMENCEMENT DRAWING NO.: 17-255 PREPARED BY: INDIAN RIVER SURVEY, INC. PROFESSIONAL SURVEYING AND MAPPING 1835 20TH STREET, VERO BEACH, FLORIDA 32960 (772) 56P,—,880 Exhibit "B" Th 1 0: S.Aufj Uh:f,--jT4ff Of 0-15vkromolf -tot:%lag lfie, XOfth'62-0 Te6t thdedf, AlYa 410VbihM61ittot 144 'Cess tlw.,Boutli 10.70.63 fig t:Werqof al I iv*SeetTon I Rml-gei-40- -.',I G, gild Lyfp- 'F cf-Go mm fha . R�st, tif -*0 the t�#Or.63-'.f t. -.'. ve e� t 1, jllWdst 4f. itilp, -Em .1 Q. -o Astm prow 13 9-f (.M,. Inrent Lof )..,. wooii .2dj. voggp, it 89A -more f9aftdW.1y. dacrlbr6da§.fdll-oW.-s: )3e'gt ft ;301#hWi�sterjy PoMtr- -Q.f PoMr, Be 01.1 rmi No awrdiq 0 ft Eli D.d t MeA in Plat Awl,, 7,- -F98pp - 8-3,A, *-?.'Vbd'fc R-ocords d ga-ldlAim gad. xu4M'-g-them ' 0, -e -Noah ; 9'$ 'Z, 41.08 -fder *A9 lbr,.- %Atb: bqiuidAV gt 06L!d.?..dbl Oevelopluent wb: !4 tai. rux Uum 20-.00 Set ajeAg 0.64-S-09(ft biAnffM.T.,,l t feet Id th--& -Sodleast bofuef 6f RebbI6 ff mbh M. Z)t tlydh;re t,pt.L. -f �pqltcm.2% Towing* jZ .8caiC AtEgp 40pt theme �-outh t-59,5VAP Wed 6;4.33- foo A e, R_ ;o Wooh 1:17° 4'7,2° )Vtp;-. to f. le -5 qo* ]�*.ff!,f -d-f W, oy -9-2'mt th-ow" X5'1::6'6 feetan-&& 6p less' ra.1-he 'Yokit of Beghinhig, LESS- AND ]fXCgPT the 8potfidil), Mast five ;M L*g mid b6irioln bdiuNm cout� aw& 448 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Of ce of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 9, 2018 Attorney's Matters - B.C.C. 11.20.18 1346 SUBJECT: Affordable Housing Advisory Committee Appointment On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the ""Not-for-profit provider of affordable housing" vacancy on the Affordable Housing Advisory Committee, which term expires in January 2019. If appointed, the applicant desires to renew to serve another term, which would expire in January 2021. The vacancy has been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position, whose resume and application is. available for review in the Commissioners' Front Office area: Sheryl S. 'Vittitoe RECOMMENDATION. The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint her to fill the unexpired term and renew her term to January 2021, for the "Not- for-profit provider of affordable housing" representative to Affordable Housing Advisory Committee. ATTACHMENTS Application Resume F:\Attorney\Christina\COMMITPEES\General Matters\BCC Agenda Memos\AHAC - Memo etc\180507 Committee Appointment (AAAC) - SVittitoe.doe. 449 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: Sheryl S. Vittitoe Date: I October 3 2018 Full Name: Sheryl S. Vittitoe Email Address: sVittitoe@irchabitat.org Street Address (No P.O. Boxes): 4568 North JS Highway 1 Vero Beach; Florida 32967:. Home Phone: 772-231-0473 I Work Phone: 772'562-9860 Cell Phone: 772-538-7693 How long have you been a resident of Indian River County? 8 years 6 months Are you a full or part time resident? Check one: Full TimeQPart Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Indian River Habitat forHumanity, Inc. Please list any licenses you presently hold: Certified Public Accountant . Certified Global Management Accountant Please list any organization of which you are currently a member: American Institute of Certified Public Accountants (AICPA) Florida Institute of Certified Public Accountants (FICPA) Please list any other committees or boards you currently sit on: Indian River County United Way - Firiance Committee Continued on next page 450 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL E ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ VALUE ADJUSTMENT BOARD — MUST OWN HOMESTEAD PROPERTY WITHIN INDIAN RIVER COUNTY 11 to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. 451 Sheryl S. Vittitoe 915 Pebble Lane Vero Beach, FL 32963 (772) 538-7693 7ittitoe@gmail.com An optimistic and energetic Executive with experience in providing leadership, establishing financial stability, prioritizing business development opportunities, and identif3ring and implementing operational efficiencies. Areas of Proficiency • Executive management experience of more than 10 years. • Proven leadership capabilities in collaborating across departments with all levels of employees, from diverse backgrounds, in creating sustainable business process improvements, increasing organizational accountability, and expanding overall transparent communication. • Effective problem solving and analytical capabilities. • Excellent communication skills; written, verbal, and interpersonal. • Computer literate knd efficient; specifically Microsoft and Workday products. Professional Experience Indian River State College December 2012 to present Vice President of Financial Services, Chief Financial Officer Responsible for all Fiscal Operations, Human Resources, Enterprise Risk Management, Facilities and Master Planning, Tide IX and Equity Compliance, and Auxiliary Services. Instrumental in successfully negotiating contracts for the Institution; including an optimal rate for implementation consultants of the College's new enterprise -wide computer system. Establish, integrate, and coordinate sound and practical internal controls; recommend policies and procedures for adnunistrative activities of the College. In the absence of the President, serve as Senior Administrator responsible for all financial decisions regarding the Institution. Participant in the preparation of the 10 -year SACS accreditation review that resulted in a report with no findings. Collaborate across the Institution in grant funded opportunities, fiscal compliance and accountability, and maintain strong relationships with grant funding agencies. Southern Fulfillment Services President & Chief Financial Officer August 2010 to August 2012 Achieved and maintained financial stability and growth. Enhanced business development efforts, maintained existing customers, identified and obtained new opportunities. Improved the financial reporting process by implementing required timelines and Executive Summaries. Worked with the Management team to create and implement operational processes that strengthened the overall internal control environment. Collaborated with the Management Team on financial decisions that improved operational efficiencies and created cash savings. Served as primary contact for all relationships such as: vendor, banking, insurance, and external auditors. 452 First National Bank of Chester County August 2009 to March 2010 Executive Vice President — Chief Financial Officer and Chief Administrative Officer Responsible for Treasury, Fiscal Operations, Information Technology, Retail Branches, and HR. Worked with the Securities Exchange Commission on Institutional credit ratings, regulatory compliance, and transition and sale of the Institution. Created a business development program within the branches that required customer service excellence and identified optimal new relationships. Worked with Investment Bankers and prepared to go to the Capital markets to raise capital. Integral member of the management team that successfully executed the sale of the Bank. Extensive experience with the Office of the Comptroller of the Currency, dealt effectively with numerous issues and brought satisfactory resolution in a timely manner. Accume Partners Regional Managing Director — Mid -Atlantic December 2005 to August 2009 Developed and managed a regional office as well as the national financial institution practice which represented approximately 800/o of the Firm's business. Provided leadership for business development opportunities within the region and the financial institution industry practice. Led the delivery team for all clients in the mid-Atlantic region including management, development, training, promotions, scheduling, evaluations, and recruitment of employees. Collaborated to create and facilitated the implementation of strategic plan initiatives for the mid- Atlantic region and the financial institution industry practice. Co -led with the CEO a task force that reviewed risk assessment methodology for the then current market conditions and created an Executive Summary for Boards of Trustees and other executive level presentations. Sovereign Bank December 2004 to December 2005 Senior Vice President — Audit Director Managed, trained, and promoted the team's more than 20 auditors and further built the team to meet the rapidly changing environment due to the organic growth and acquisition expansion. Responsible for all Finance related audits for the Bank. Led the effort to complete Sarbanes-Oxley (SOX) section 404 testing on time and with an unqualified opinion for a $60 billion financial institution. This included designing substantive and control tests, based on the Committee of Sponsoring Organizations of the Treadway Commission (COSO) framework, in order to document compliance and operating effectiveness of Management's internal control environment In year two of SOX compliance, fully revised internal audit's testing approach by integrating financial control and substantive audit testing. Controller April 2001 to December 2004 Staff Accountant to Accounting Manager January 1989 to October 1999 453 EDUCATION Bachelors in Science, Accounting, December 1988 Liberty University, Lynchburg, VA Associate in Applied Science, Accounting Technology, May 1986 IVY Tech, Richmond IN PROFESSIONAL DEVELOPMENT AND MEMBERSHIPS Certified Public Accountant, active license Florida Certified Global Management Accountant Member, American Institute of Certified Public Accountants Member, Florida Institute of Certified Public Accountants Executive Advisory Board member for Florida Virtual Campus (FLVC) VOLUNTEER OPPORTUNITIES United Way of Indian River County — Finance Committee Community College Constituency Council for the National Association of Colleges and University Business Officers (NACUBO) Accounting/Business Graduates (IRSC)— workplace preparation Guest lecturer (IRSC) - accounting classes Local CPA firm (summer only) — staff development, tax return review, and financial statement preparation and review Active member and volunteer in local church Former Class Administrator for Bible Study Fellowship International — while living in Pennsylvania and Michigan 454 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /JG Attorney's Matters - B.C. C 11-20-2018 Of ce of INDIAN ITR COUN'T'Y MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: November 9, 2018 �K SUBJECT: Indian River County Committees — Member Reappointments BACKGROUND. ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which appointed the County Attorney's Office to monitor member terms of certain committees. Specifically, the resolution requires that (1) on approximately October 15 of each year, the County Attorney's Office shall contact all board appointed committee members whose terms will expire in the following January, and determine whether those members want to be considered for reappointment, and (2) at the last Board meeting in November of each year, the County Attorney's Office shall present to the Board a list of all committee members requesting reappointment — at which time the Board will reappoint members from the list as it deems appropriate. Thereafter, on approximately December 1 st of each year, a list of committee vacancies will be created and posted on the County website, and the Board will make appointments to fill the vacancies no later than the following January 15tH The County Attorney's Office has contacted committee members whose term will expire in January 2019. Attached to this memorandum is a list of those members who have requested reappointment. The Board should now review the list and make such reappointments as it deems appropriate. It should be noted that in addition to those committee members not seeking reappointment, there are many existing vacancies. A list of the anticipated vacancies is attached for informational purposes. F.9AnorneylChristinalCOMM=EEstGeneral MaltersIBCC Agenda MemosV 81109 Reappointments -mid Nov mtg.dowg 455 Board of County Commissioners November 9, 2018 Page Two RECOMMENDATION. The County Attorney recommends that the Board consider the list of committee members requesting reappointment, and reappoint such members as the Board deems appropriate. ATTACHMENT(S). 1. List of Committee Members Requesting Reappointment 2. List of Anticipated Committee Vacancies (Informational Purposes Only) DTR:cm 1--UitorneylChristinalCOMMITTEES1Generat MatterslBCC AgendaMemosI181109 Reappointments -mid -Nov mtg.docx 456 COMMIT'T'EE MEMBER TERM RENEWAL FOR 2019 Committee Members who terms were due to expire in January 2019, and wish to have their term renewed. 1. AFFORDABLE HOUSING ADVISORY COMMITTEE 2 Year Terms — No Residency Requirement o Evan Esposito — Actively engaged in residential home building industry o Kenneth A. "Chip" Landers — Actively serving on local planning agency o James McAlhany — Areas of labor in home building industry o David Myers, II — For-profit provider of affordable housing o Julianne Price — Advocate for Low Income Persons 2. AGRICULTURAL ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o David F. Howard — Horticulture Industry o Sean Sexton — Cattle Industry 3. BEACH AND SHORE PRESERVATION ADVISORY COMMITTEE 2 Year Terms — County Residency Requirement o David Barney - BCC Appointee (District 2) o William Ferrell - BCC Appointee (District 1) o Mark Tripson - BCC Appointee (District 4) 4. CHILDREN'S SERVICES ADVISORY COMMITTEE 4 Year (Staggered) Terms — County Residency Requirement o Michele Falls — BCC Appointee (District 4) o Judy Jones - BCC Appointee (District (2) 5. CODE ENFORCEMENT BOARD 3 Year Terms — County Residency Requirement o Stephen Boehning — Engineer 6. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS 3 Year (Staggered) Terms — No Residency Requirement o Robert "Bip" DiPietro — Electrical Contractor o Michael Lue — Code Administrator, Inspector or Plans Examiner o Peter Robinson — Division 1 Contractor 457 7. ECONOMIC DEVELOPMENT COUNCIL 4 Year Terms — County Residency Requirement, except for Workforce Solution and IRSC o Tim Borden — Real Estate Industry Representative o John Dyer — Local Industry Representative o James Funk — Local Manufacturing Representative o Bruce Redus — BCC Appointee S. ENVIRONMENTAL CONTROL HEARING BOARD 4 Year (Staggered) Terms — County Residency Requirement and Registered Voter o Dr. Richard Baker —Member at Large: Citizen Not Holding Elective Office o Dr. Philip R. Glade — Medical Doctor — Recommended to BCC by County Medical Society o Christopher Murphy - Member at Large: Citizen Not Holding Elective Office 9. PLANNING & ZONING COMMISSION 4 Year Terms — County Residency Requirement o Jonathan F. Day — BCC Appointee (District 4) o Alan Polakwich — BCC Appointee (District 2) o Jordan Steward — Member at Large 10. PUBLIC SAFETY COORDINATING COUNCIL 4 Year Terms — No Residency Requirement *NO REAPPOINTMENTS* 11. TOURIST DEVELOPMENT COUNCIL 4 Year Terms — Electors of County o Jennifer Bates - Owner/operator of motel, hotel, RV park or other tourist accommodation representative o Keith Kite - Owner/operator of motel, hotel, RV park or other tourist accommodation representative o Karen Mechling — Interested in tourist industry, etc., but not owner/operator of motel, hotel, etc. 458 INFORMATIONAL ONLY COMMITTEE VACANCIES — BOARD OF COUNTY COMMISSIONERS (Terms expire in January 2019, unless noted as existing vacancy) AFFORDABLE HOUSING ADVISORY COMMITTEE — 2 year term, unless otherwise noted o Citizen who is actively engaged as a not-for-profit provider of affordable housing - (existing vacancy) o Citizen who represents employers within the jurisdiction - (existing vacancy) • AGRICULTURAL ADVISORY COMMITTEE - 2 year term, unless otherwise noted o Citrus Industry - (existing vacancy) o Vegetable Industry - (existing vacancy) o Associated Industry • CHILDREN'S SERVICES ADVISORY COMMITTEE - 4 Year Staggered Term o Member -at -Large ® CODE ENFORCEMENT BOARD — 3 year term, unless otherwise noted o Architect- (existing vacancy) CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS — 3 year term, unless otherwise noted o Mechanical Contractor - (existing vacancy) o Plumbing Contractor - (existing vacancy) e ECONOMIC DEVELOPMENT COUNCIL — 4 year term, unless otherwise noted o Member at Large ® PUBLIC SAFETY COORDINATING COUNCIL —4 year term, unless otherwise noted o Representative from county/state jobs program or other community groups who work with offenders and victims (existing vacancy) 454 November 20, 2018 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 13, 2018 SUBJECT: Request from Vero Beach Councilwoman Laura Moss to change the County Tourist Development Ordinance to allow funds to be used to "finance beach park facilities." FROM: Peter O'Bryan Commissioner, District 4 Since the beginning of 2018, City of Vero Beach Councilwoman Laura Moss has generated numerous letters and agenda items regarding the Local Option Tourist Tax. Councilmember Moss has numerated various complaints over how the Tourist Tax funds are allocated. One specific area that Councilwoman Moss has repeatedly requested is that the County change the allowed uses of the tourist tax so that the City of Vero Beach could use tourist taxes to build a new lifeguard tower/headquarters at Humiston Beach (attachment 1). Florida Statute 125.0104 allows authorized uses including "To finance beach park facilities". The County's Tourist Tax Ordinance (1987-11, attachment 2) does not authorize uses for beach park facilities. At the May 15, 2018 meeting of the City of Vero Beach City Council, under discussion on an agenda item from Councilmember Moss, Councilmember Zudans asked if the county would consider revising the Tourist Tax ordinance to include beach park facilities. While not expressing support for the change, I told Councilmember Zudans that "in the spirit of compromise" I would place the item on a Board of Commissions agenda. County Ordinance 87-11 establishes the Tourist Development Council (TDC) and outlines the initial spending plan for the first two years of tourist tax collections. 87-11 divided the Taxing District into 2 districts; District I which encompasses Vero Beach, and District II which is the geographic remainder of the county, including the other municipalities. Section I. 3 outlines the Tourist Development Plan, which by specific reference only applies to the first 2 years of tourist tax collection and expenditures. "There are hereby adopted the plans for tourist development for each district created by the Tourist Development Council with regard to the specific revenue and expenditures for the first twenty-four months following the levy of the tourist development tax." The spending plan is attached (attachment 3). However 87-11 is very clear on how future expenditures are 460 allocated. Section 1.1.d states; "The Council shall, from time to time, make recommendations to the Board of County Commissioners for the effective operation of the special projects or for uses of the tourist development tax revenue." The county currently collects 4 cents of tourist tax allocated as follows: 1 and %2 cents for Tourism Development Agencies, 1 and '/2 cents for Beach Restoration and 1 cent for the Dodgertown Purchase. Of the 1 and'/2 cents for Tourism Development, the Tourist Development Council has historically made recommendations to the Board of County Commissioners (BCC) for funding allocations that put "heads on beds". In addition the 1 and'/2 cents for Beach Restoration have historically gone towards placement of sand on the beaches, and the resulting permit requirements (sea turtle monitoring, beach profile surveys, etc). The TDC and the BCC have not recommended funding for beach park facilities. Over the years the county has utilized local option sales tax to repair lifeguard stations after storms. At the May 16, 2018 meeting of the TDC there was discussion on two requests directly from the City of Vero Beach (COVB) and the fact that this might set precedent on allowing all jurisdictions to make individual requests to the TDC instead of the collaborative efforts that have been in existence, and highly successful. After this discussion, by a vote of 6-1, the TDC voted to "remove the City of Vero Beach Centennial Celebration request and the City of Vero Beach Airport request from further consideration for funding by the Tourist Development Council". However, in keeping with the collaborative spirit of the TDC, the TDC voted 7-0 to "move additional funds into the Chamber's request with the specific purpose of supporting marketing efforts for the, Vero Beach Airport" (May 16, 2018 TDC minutes, attachment 4). Recommendation. The Board should have discussion on the subject of changing the Tourist Development Ordinance, allow comments from the Public, and then the Board should consider whether to change Ordinance 87-11 to allow for expenditures to finance beach park facilities. The Chairman recommends that the Board does not change the ordinance, continuing with the current model which has been collaborative and successful. 461 OFRCE OF THE CITY COUNCIL, August 14, 2018 City of Vero Beach 105.3 - 20th PLACE - P.O. BOX 1389 VERO BEACH. FLORIDA 32961-1389 Telephone: 6.5611 978.4700 Fax: (561.) 978.4790 Chairman Peter ('Bryan Indian River County Commission 180127" Street Vero Beach FL 32960 Re: County Ordinance(s) vs. State Statute regarding Authorized Uses of Tourist Tax Dear Chairman O'Bryan, r�# AUG15 2o18 BOARD Clic COUNTY COAf311SSION As you know, Florida Statute 125.0304 (Tourist Development Tax) allows authorized uses including: "To finance beach park facilities ..:'. As you may recall, at the City Council meeting of May 15ti' a change in county ordinances) was requested in orderto reflect this authorized use. in response, you stated that "in the spirit of compromise" you would bring before the County Commission the relevant county ordinances) at a future meeting. As discussed, that ordinance(s) prevents the City of Vero Beach from exercising the right that Florida state statute confers with regard to the funding of "beach park facilities". For your convenience, the relevant Minutes of that meeting are attached (page 33). The City looks forward to a productive discussion with the County regarding "beach park facilities" following receipt and review of the relevant ordinance(s), which I have requested of Mr. Dylan Reingold on this date under separate cover. # Sincerely, Laura Moss Councilwoman r;,enera't Serviws -----" Human Resais� Pvb1010tks _.---- Recfentton tltililiesSell 4cs .. -- o�net 462 ORDINANCE NO. 87-11 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, LEVYING AND IMPOSING A TOURIST DEVELOPMENT TAX PURSUANT TO SECTION 125.0104; FLORIDA STATUTES; ESTABLISHING THE TOURIST DEVELOPMENT COUNCIL AND PROVIDING FOR MEMBERSHIP AND DUTIES THEREOF; ADOPTING A COUNTY PLAN FOR TOURIST DEVELOPMENT; ESTABLISHING USES FOR TOURIST DEVELOPMENT TAX REVENUES; PROVIDING FOR REFERENDUM APPROVAL OF TOURIST DEVELOPMENT TAX IN TWO SUBCOUNTY TAXING DISTRICTS, ONE TO ENCOMPASS THE CITY OF VERO BEACH, AND THE OTHER TO ENCOMPASS THE REMAINDER OF THE COUNTY; PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Section 125.0104, FIorIda Statutes, the "Local Option. Tourist Development Act", authorizes any County In this State to levy and Impose a tourist development tax on the exercise within its boundaries of the taxable privilege of renting, leasing, or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park or condominium for a term of six months or less; and WHEREAS, the Board of County Commissioners of Indian River County finds and -declares that it .is in the "best. interest of the health, safety and welfare of the citizens and residents of Indian River County to adopt an ordinance levying and imposing a two percent tourist development tax in accordance with Section 125.01.04, Florida Statutes; and WHEREAS, this ordinance shall not take effect until and unless the ordinance levying and Imposing the tourist, development tax has been approved in a referendum election by a majority of :the electors voting In such election; 0 463 i i E nRDINANCE NO. 87- 11 I NOW, THEREFORE, Iae it nrdaineo '., the Board of r ". County Commissioners of Indian River County; Florida, as J follows: SECTION I. 1. Tourist Development Council. a. There is hereby established and appointed a County Tourist Development Council consisting of the Chairman of the Board of County Commissioners of Indian River County or .another member of the Board of County Commissioners as designated by the Chairman; two elected municipal officers -,--one of whom shall be from the most populous municipality in the County; three owners or operators of motels, hotels, recreational vehicle parks, or other -tourist accommodations within the County; and three persons who are Involved in the tourist Industry and who have demonstrated 'an' interest in tourist development, but who are not owners or operators of motels, hotels, recreational vehicle parks, or other tourist accorrrmodations. 3'�1 All members of the Council shall be electors of the County. b. The members of the Council. shall be appointed by the Board of County Commissioners of Indian River County and"shall serve for staggered terms of four years, Initially the Board of County Comnissi.oners shall appoint -the following members for a term to expire December 31, 1988: one elected municipal official, two owners or operators of motels, hotels, recreational, vehicle parks, or "other tourist -accommodations within the County; and one person involved in the tourist -industry who has demonstrated an interest In tourist development, but who is not an owner or operator of a motel, -hotel, recreational vehicle park, or other tourist accommodations. The remaining appointees shall serve fora term which expires December 31, 1990. C. The Chairman of the Board of County Commissioners of Indian River County or his designee who is z 464 t,.RD I NANCE NO. 87- 11 a.member of, the Board of 'Couniv Commissioners shatI he the Chairman of the Tourist Development Council. d. TI -.e Council :hail, from time to time, make recommendations to the Board of County Commissioners for the effective operation of. the special projects or for uses of the tourist development tax revenue. The Council shall continuously review expenditures of revenues from the tourist development trust fund and shall receive, at least quarterly, expenditure reports from the Board of County Commissioners or its desionee. Expenditures which the Council believes.to be unauthorized shall be reported to the Board of County Commissioners and to the Department of Revenue. The Board of County Commissioners and the Department of Revenue shall review the findings of the Council and take appropriate administrative or judicial action to ensure compliance with this ordinance and with Section 125.0104, Florida Statutes: 7. Taxing District and Levy. a. There are' hereby created two taxing districts in which the tourist development tax is 'proposed. One taxing district encompasses the geographical boundaries of the City of Vero. Beach. The second taxing district encompasses the remainder. of geographical boundaries of Indian River County. b. There is hereby adopted and Imposed a two percent tourist development. tax in accordance with Section 125.4104, Florida Statutes, on the exercise within each of the taxino districts herein created of the taxable privilene of renting,J easing, or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home nark, recreational vehicle park, camping space or condominium for a term of six months or less. 3. Tourist Development Plan. There are hereby adopted the plans for tourist development for each district 3 465 -:'RDINANCE MO, 87- 11 created by the Tourist Development 4ziunciI with -regard to -� the specific revenues and expenditures for the first '✓ twenty -,four months foliowI no the levv +)f the tourist development tax. The plans are attached hereto and by this reference -are hereby incorporated as if fully set forth herein. 4.. Auihorized'Uses of Revenue. a. All revenues received pursuant to this ordinance shall be used for the following purposes only: 1. To acquire, construct, extend, enlarge', remodel, "repair,- improve, maintain, operate, or prbmote`,one or more publicly owned and operated convention centers, sports stadiums, sports arenas, coliseums, or auditoriums within the boundaries of the County or 5ubcounty special taxing district which approved the ordinance ievying and Imposing the'tax by referendum pursuant to subsection G. However, 'these purposes may be implemented through service contracts and'leases with persons who maintain and operate tiJ adequate existing facilities; 2. To promote and advertise tourism in the State of Florida and nationally and internationally; 3. To fund convention bureaus, tourist bureaus, tourist information centers,_and news bureaus as County agencies or by contract with the chambers of commerce or similar associations In the County; or 4. To finance beach improvement, maintenance, renourishirient, restoration, and erosion control. b. ' The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds issued by the County for the purposes .set forth in subparagraph (a)l or up to fifty percent of the revenues to be derived from the tourist development tax may be pledged to secure and liquidate 4 466 i :RDINANCE NO. 37-11 revenue bonds issued by the County for the purposes set forth in subparagraph (a)4. 5. Construction. of Ordinance. In all matters the Indian River County Tourist Development Council shall be governed by compliance -with, Section 125.0104, Florida Statutes, 1985, as amended by Chapter 86-4, laws of Florida, and as may be hereafter amended. 6. Referendum "Approval. A question shalt be placed "on the bal lot at the March 10, 1987 election to be held in Indian River County for referendum approval by the electors in each of the subcounty taxing districts created herein to -be worded substantially as follows: "Shall there be a Tourist Development Tax of 2% levied pursuant to Section 125.0104, Florida Statutes? FOR THE TOURIST DEVELOPMENT TAX AGAINST THE TOURIST DEVELOPMENT TAX" If a majority of the electors voting on the question in any subcounty taxing district approves the levy, the ordinance shall be deemed to be in effect in that taxing district •on the first day of the next month following the election. SECTION II. This ordinance shad he incorporated Into the Code of Ordinances of Indian River County and the word "ordinance" may be changed to "section", "article", or other appropriate word -and the sections of this ordlance may he renumbered or relettered to accomplish such purposes. SECTION ill, If any section, or if any sentence, paragraph, phrase, or word of this ordinance Is for any reason held to be unconstitutional, inoperative, or void, such holding shall not affect the 'reMainina portions of this ordinance; and It shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. I 5 467 F � t ORDINANCE NO. 87-11 r Appr-owed `and.'-ad6pted by the xnard -of County Commissibners of Indian River County, Florida, on this 27th slay of -3anu4zy 1987. This 'ordinance was advertised in the Vero Beach Press -Journal on the 23rd' day of December 1980, for a 'Public hearing to be he I'd ori.the 27th,day of January, 1987, at' which. bine its'was movetl' for adoption by Commissioner Tggert `..` ` :.::, ..'seconded by Commissioner Bp an and adopted by the' fol lowing. vote: Chairman Don C. 5curiock, Jr. AXE_ Vice Chairman -Margaret C. Bowman Aye Commissioner`Richard.-N, Bird AXI Con.mi'ssloner Carolyn K. Eggert AXe CommissIoner Cary G, Wheeler AZe BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST.; By ;•` j .t on cur oc Chairman X7 PeNa reg t Clerk „ Ackn'wte8S'lm!ent` by "the Department o.f State of the State of Florida,,,, this 4th day :of February 1987. Acknowledgment from the.Dep.artment of State received on this -9th day of "February , 1987, at 1:30 a.m.1p'm' and filed T—nthet}ffic�efhe G.le.rk of e Board of County Comimissi"oners of" Iridian River County, Florida. APPROVED' AS TO FORM AND LEGAL SUFFICIENCY: race ar ett Assistant County Attorney 5 468 • w , 1/21/87(B3.2)LEGAL(E INDIAN RIVER COUNTY, FLORIDA TOURIST DEVELOPMENT TAX PROGRAM REPORT Anticipated Revenue and Program for Expenditures for Fiscal Year 1987/1988 and 1988/1989 Prepared by: Public Works Department January, 1987 In conformance with Florida Statutes, Section 125.0104, 1985, as amended by Chapter 86-4, Laws of Florida, the following Report is prepared to project anticipated .tourist tax revenues to be collected in Indian River County, Florida for the 2 -t'e'ar period fiscal year 1987/1988 and 1988/1989 and to allocate the revenue to tourist development projects as approved by the Indian River County Tourist Development Council. Revenue Projections - as prepared by the S.tate of Florida Department Pf Revenue Yearly transient rental facilities taxable sales $12,585,000.00 Proposed tourist development tax (2$) x :02 $ 2.51,720,00 2 -year revenue x 2 Projected Revenue $___-5_63,440.00 Proposed Project Expeedi tures Fiscal Year 1987988 and 1988-1-1989 Proposed tourist development .tax collection wit€ be countywide, however, the County witI he divided into two. Districts. District 1 will include the Incorporated area within the City of Vero Beach and District 2 will Include the remaining unincorporated and incorporated lands within Indian River County. The following prioritized program of expenditures is presented: 469 $276,900.00 District 2 - Indian River County NOT including City of Vero Beach Corporate Limits Activity Cost Priority 41 - Golden Sand Beach Park Development $200,000.00 Priority #2 - Beach Restoration and Nourishment - Emergency Relief 26;500.00 Grand Total -• Districts 1 and 2 -2 $226,500.00 $503,400..00 470 District 1 -. City of Vero Beach Activity Cost Priority #1 - Beach Cleaning $ 80,000.00 Priority #2 - Dune Restoration, Revegation and Maintenance 130,000.00 Priority #3 - Chamber of Commerce Tourist Information 36,060.06 Priority #4 - Beach Park Maintenance 36,900.00 $276,900.00 District 2 - Indian River County NOT including City of Vero Beach Corporate Limits Activity Cost Priority 41 - Golden Sand Beach Park Development $200,000.00 Priority #2 - Beach Restoration and Nourishment - Emergency Relief 26;500.00 Grand Total -• Districts 1 and 2 -2 $226,500.00 $503,400..00 470 TOURIST DEVELOPMENT COUNCIL The Indian River County (IRC) Tourist Development Council (TDC) met on Wednesday, May 16, 2018, at 2:00 p.m. in the Commission Chambers of the County Administration Building, 1801 271h Street, Building A, Vero Beach, Florida. You may hear an audio of the meeting; review the agenda and the minutes on the IRC website — http://www.ircgov,c om/BoardsfTDC/Index. htm Members Present were: Chairman Susan Adams, Indian River County Commissioner, District 1 Jennifer Bates, Owner/Operator Tourist Accommodations Appointee (via telephone conference) Steve Hayes, BCG Appointee Amanda Smalley, Interested in Tourist Development not an Owner/Operator Linda Kinchen, Councilmember, City of Sebastian Harry Howie, III, Councilmember, City of Vero Beach Keith Kite, Owner/Operator Tourist Accommodation Appointee Karen Mechling, Interested in Tourist Development not an Owner/Operator Members Absent were: Will Collins, Owner/Operator Tourist Accommodations Appointee Others Present were: Allison McNeal, Tourism Director, Indian River Chamber of Commerce Nicole Holbrook, Tourism Director, Sebastian River Area Chamber of Commerce Barbara Hoffman, Executive Director, Cultural Council of Indian River County Ruth Stanbridge, County Historian, Indian River County Historical Society Richard Hatcher, Director, Treasure Coast Sports Commission Ryan Strickland, Director of Business Development & Marketing, Treasure Coast Sports Commission Penny Chandler, Director, Indian River Chamber of Commerce Beth Mitchell, President/CEO, Sebastian River Area Chamber of Commerce Alex Soares, Executive Director, Vero Heritage, Inc. Eric Meng"er, Director, Vero Beach Airport Anthony Young, Councilmember, City of Vero Beach Interested Parties in Attendance from Sign -In Sheet): Laura Moss Kevin Greene Elisa Sielinski Catherine Caddell Kirk Funnel Carolyn Bayless Sophie Bentham -Wood Nicki Maslin Janet Begley Indian River County Staff Present were: Jason Brown, County Administrator Dylan Reingold, County Attorney Mike Smykowski, Director, Management and Budget, Indian River County Lisa Hill, Recording Secretary FABCaAll Comm1ttees\TDC\20181May 16 2018\TDC Minutes May 16 2018 APPROVED.doc 1 471 Call to Order Chairman Adams called the meeting to order at 2:03 p.m. and noted a quorum of members in attendance. Chairman Adams led the Committee and audience in the Pledge of Allegiance. Additions or Deletions to the Agenda Chairman Adams called for agenda item additions or deletions. Ms. Bates, who was participating via teleconference, asked to discuss her review of the proposals provided by the entities requesting Tourist Development Grant funds. Ms. Bates noted that she had conveyed her scores for ranking the requestors. The following were proposed funding from Ms. Bates: Cultural Council - $ 20,000 Historical Society - $ 32,000 Treasure Coast Sports Commission - $200,000 Vero Heritage $ 15,000 City of Vero Beach $ 10,000 Vero Beach Airport $ 75,000 Ms. Bates explained that the amount she believes should be awarded to the City of Vero Beach would provide them with some funds for the 100 year Centennial celebration without fully funding the events. Vero Beach Regional Airport funding would allow the possibility of bringing in a second airline and provide tourism components that would make a very positive impact. The Cultural Council should be cut to $20,000 as the funding could go to a more broad audience as Ms. Bates believes the Cultural Council events are more directed to local visitors. No other changes to the agenda were requested. Approval of Minutes from the February 21, 2018, TDC Meeting (Action Item) ON MOTION BY Mr. Howie, SECONDED BY Ms. Smalley, the Members voted unanimously (7-0) to approve the February 21, 2021, meeting minutes.as presented. Authorized Uses of Tourist Tax Revenue oer Florida Statute 125.0104(5)ta Mr. Reingold reviewed the authorized uses of the Tourist Tax Revenue and the structure of the tax revenue disbursement in Indian River County. The overall four cent tax includes one cent for the bonds for Dodgertown, one and one half cent for beach and shore projects and one and one half cent for tourism promotion. The Tourist Development Council is tasked with reviewing how the one and one half cent for tourism promotion is to be distributed to attract visitors through tourism. Ms. Adams related a recent discussion at a Board of County Commissioner meeting related to how the tourism promotion funds could be distributed. She noted that a part of the discussion included a reserve fund policy that would be further discussed at the August 2018 meeting and which would affect the following fiscal year. The reserve fund could allow for the expending of funds for items that may be outside of the regular review cycle of setting the funding levels each fiscal year. Mr. Brown stated that the County has a fund balance that is about 30 percent of the operating funds including the Tourist Development funds. He noted that under the tourism tax, there are good and bad revenue years and there needs to be a healthy reserve to get through the years F:\BCCWI Committees\TDC\2018\May 16 2018\TDC Minutes May 16 2018 APPROVBD.doc 472 when there are less available funds. Mr. Brown advised that some of the fund balance was utilized during the most recent economic downturn. Ms: Adams noted that she would be in agreement with a 40 percent reserve for tourism as she is concerned that there may be a need to have a larger reserve in the event of upcoming economic downturns. Ms. Adams detailed some of the other issues discussed at the Board of County Commissioners meeting, which included the allowed uses, specifically for funding directly allocated to the municipalities for projects. She stated that at the August 2018 meeting the Council should look at the policy and what types of organizations it wanted to receive grant requests from in the future. Ms. Adams reminded the Council that all applicants must first expend the funds for the projects that are approved for a given fiscal year and then receive reimbursement through the granting of the Tourist Development Tax Fund. With respect to the two requests from the City of Vero Beach, Ms. Adams stated that providing direct funding to the municipalities would set precedent allowing for each of the jurisdictions located within Indian River County to request funding in the future. Historically, the efforts of promoting tourism have been a collaborative effort between all of the grantee recipients and the municipalities. This has allowed for all to work toward the promotion of the area as a whole. Mr. Howie stated that he understood that other municipalities may see the request from the City of Vero Beach as a step toward each municipality reaching out for funds, however, the request was for a very special occasion of the Centennial Celebration. Ms. Adams pointed out that Fellsmere had celebrated its centennial a few years ago and no tourism funds were used. With respect to the request for the airport, Mr. Howle said that the airport operations directly related to putting heads on beds. Ms. Smalley stated that in the plan for the airport, it discussed doing a lot of marketing around the airport which is geared more toward the local community rather than bringing in tourists. She felt that the airport working with the Chambers was more effective in increasing tourism. Ms. Mechling and Mr. Hayes expressed their agreement with Ms. Smalley that a cooperative effort for promoting the airport through the Chambers would be a better value. Mr. Kite also agreed, adding that marketing is something that happened over many years and needs to be -strategically planned out. Mr. Hayes and Mr. Kite discussed the importance of the Centennial Celebration to the area, but did not feel that it was a project that should be funded through the Tourist Tax Fund. Mr. Kite advised that he did not agree with Ms. Bates' assessment of the Cultural Council, as he believed that it was an important component in drawing tourists to the area. Ms. Adams also agreed that putting funding for the airport under the Chambers would be a positive way to support the airport. ON MOTION BY Ms. Smalley, SECONDED BY Ms. Kinchen, the Members voted (6 to 1), with Mr. Howie voting in opposition, to remove the City of Vero Beach Centennial Celebration request and the City of Vero Beach Airport request from further consideration for funding by the Tourist Development Council. Mr. Kite clarified that with that motion, the Council -should further discuss its policy at the August, 2018, meeting. F:\BCC\Ml CommttteesUDM201SWity 16 201$YrDC Minutes May 16 2018 APPROVED.doe 3 473 ON MOTION BY Ms. Smalley, SECONDED BY Ms. Kinchen, the Members voted unanimously (7 to 0), to move additional funds into the Chambers' request with the specific purpose of supporting marketing efforts for the Vero Beach Airport. Tourist Tax Revenues Update Mike Smykowski, Director, Management and Budget, presented an update on the Tourist Tax revenues reported for 2018. A copy of the Tourist Tax Revenue Report is on file at the Board of County Commissioners Office. Mr. Smykowski advised that the FY 2018/2019 revenues are up over the previous two years with March 2018 showing an increase of 22% over March 2017. The overall year-to-date revenue was up 17.3% over FY 2016/2017. The revenues are exceeding budgeted figures by $321,477 or 22.1% for the year. Description of Tourist Development Grant Rating Sheets Mr. Smykowski reviewed the point awarding system to be used by the Tourist Development Council members to rank the entities requesting the Tourist Tax Revenues. The system awards points as follows: Packet (articulate program., completeness, accuracy) Points: 10 Presentation (explanation) Points: 10 Program Impact on Tourism (direct/indirect) Points: 50 Effective/Efficient use of dollars (i.e. is it direct costs of program or administrative salaries) Points: 30 Total Possible Points 100 Mr. Smykowski advised that the FY 2018/2019 available funds were $998,450 which was an overall shortfall of about. $65,426 with the requests from the City of Vero Beach and the Vero Beach Airport included. However, because the Tourist Development Council removed the City of Vero Beach and Vero Beach Airport from funding consideration, there was an overage of $29;547 for FY 2018/2019 grant awards. Presentations: 1. Cultural Council of Indian River County — Barbara Hoffman Ms. Hoffman provided an overview of the tourism efforts undertaken by the Cultural Council toward tourism. A PowerPoint presentation was provided by Ms. Hoffman, which is on file at the Board of County Commission office. Ms. Hoffman highlighted the statistics from the American Arts Survey which the Cultural Council participated in recently. She stated that cultural events set Indian River County apart from other areas in Florida where there are just beaches. The Cultural Council promoted tourism through multiple media types, including, digital video marketing, print publications, broadcast marketing, electronic promotion and social media. They also supported many festivals, the information center, cultural concierge service and ticketing. Ms. Adams questioned the use of area codes from telephone numbers in determining the origination of patrons to many of the cultural events. She noted that many people who live in Indian River County often retain the telephone numbers from where they have rnoved from, .which may affect the accuracy of the survey. FABCCWI Committees\TDC\20I8\May 16 2018\TDC Minutes May 16 2018 APPROVED.doc 474 In response to questions about the budget of the Cultural Council, Ms. Hoffman stated that many of the funds required for advertising and other items are in-kind contributions that offset actual funds expended. 2. Indian River Historical Society — Ruth Stanbridge Ms. Stanbridge noted that May was historical preservation month and the Historical Society worked with many organizations throughout the County to preserve historic structures, provide historic markers, and produce mini historical documentaries. She advised that the Historical Society would be working on two important historic markers, new mini documentaries and providing QR readers at historic sites throughout the County and in the municipalities to provide information to area visitors. Mr. Howie noted the Historical Society's willingness to forego funding last year which resulted in their projects being pushed back. He stated that this should be taken into consideration this year in looking at the funding priorities. 3. Treasure Coast Sports Commission — Richard Hatcher Mr. Hatcher advised that the Sports Commission will be implementing a new slogan "Play Treasure Coast". Other initiatives of the Sports Commission include recruiting, retaining and re-engaging through sports; increasing corporate partnership dollars; owning and operating more events; facility development; a sports tourism summit, and; high school scholar athlete awards. Many of these efforts will be done through marketing, tradeshows and conferences. The Sports Commission works with a variety of sporting events throughout the year, utilizing many of the County's facilities to draw championships in softball, lacrosse, track and field, swimming, baseball and other sports. They also are key members of the Special Olympics of Florida State Swimming Championship which draws visitors from all over Florida. National and international events including Olympic training for rowing teams on the C54 Canal are also supported through the Sports Commission. Sporting events contributed $13,948,926 while utilizing 25,455 rooms over 26 events FY 201612017. Mr. Hatcher noted that it is estimated that for every $1.00 of grant funds received by the Sports Commission, $136.49 is returned to the County. In response to a question from Ms. Adams, Mr. Hatcher stated that the room rates have a significant impact on whether an event comes to Indian River County versus heading to other areas where the rates may be lower. Ms. Adams asked Mr. Hatcher to provide a list of all of the venues utilized by the Sports Commission. Mr. Hatcher explained the situations when a group may be exempt from the bed tax, such as when a high school sports team is visiting for training or an event. 4. Vero Heritage, Inc. — Alex Soares Mr. Soares highlighted the events hosted by Vero Heritage including the Bridal Show and Tour, Pioneer Dinner and the Wine and Film Festival. He noted the increase in tourism from relatives and friends who often stay several days around a wedding event. He advised that the Wine and Film Festival has brought in visitors from across the national as well as from other countries who stay for this multi -day event. Mr. Soares reported that the Heritage Center has seen a significant increase in use with almost all of the weekends booked for events well in advance. For the upcoming fiscal year, Mr. Soares stated that Vero Heritage would like to work on virtual technology for visitors to the website. Allowing for an interactive experience With F:\BCCWII CommitteeslTDC\201MMay 16 2018\TDC Minutes May 16 2018 APPROVED.doc 5 475 the venue will promote actual visits. This type of technology has been used by many museums, including the Smithsonian, to entice visitors to come to view exhibits in person after seeing highlights virtually. In response to a question from Ms. Adams regarding the proposed budget items of Vero Heritage, Mr. Soares explained that the miscellaneous expenses include items that may not be planned for in advance and they are used more like contingency funds. Discussion of Budget Requests for 2018/2019 fiscal year, complete ratings and decide level of funding At the conclusion of the presentations, the Tourist Development Council took a brief recess in order for Mr. Smykowski to calculate the rating sheets and provide the scoring for each grant requestor. Mr. Smykowski advised that the following order for funding was determined upon calculating the ratings by the members. 1. Treasure Coast Sports Commission 2. Indian River Historical Society 3. Vero Heritage, Inc. 4. Cultural Council of Indian River County Mr. Smykowski reiterated that with the removal from consideration of the City of Vero Beach and Vero Beach Airport requests, all of the grantees could be funded at the level of their requests with an additional surplus amount of $29,574. Ms. Adams requested consideration to create a special project for a collaboration between the Vero Beach Airport and the Indian River Chamber of Commerce to come up with a five year marketing plan. This would give the airport the support requested for airport tourism promotion. Ms. Adams provided some examples of other smaller projects that lead to sustained tourist efforts, such as the collaboration with the Chambers for the Fellsmere Frog Leg Festival. The members discussed the amount that would be allocated for the special project. Mr. Kite suggested $20,000 for the airport collaboration with the Chamber for marketing, with the remaining $9,549 going toward the reserve funds for other things that could come up over the year. Ms. Adams outlined the process the recommendation from the Tourist Development Council would take to the Board of County Commissioners for adoption within the budget. She advised that further discussion regarding the reserves would be held during the meeting in August, 2018, as it would affect the budget distribution for the following fiscal year. Ms. Smalley agreed with the concept of the Chamber working with the airport to come up with a marketing plan. Mr. Menger, Director of the Vero Beach Airport, stated that the airport has worked with the Chamber for a very long time on tourism efforts to put heads in beds. He stated that there has been a significant increase in tourists coming to Vero Beach by air. Mr. Menger stated that the airport is proven to be good for tourism and he is willing to continue collaborating with the Chamber and others on tourism promotion, however, he did not want to pigeon -hole the idea. F:\BCC\A11 Committees\TDC12018Way 16 2018\TDC Minutes May 16 2018 APPROVED.doe 476 Ms. Kinchen suggested an alternative funding which would take $2,000 from each of the other grant requesting agencies and putting it toward the airport. This proposal -was not supported by the other members of the Council MOTION ON THE BUDGET FOR 2018-2019: On MOTION by Mr. Kite, SECONDED BY Mr. Hayes, the Members voted. unanimously (7 to 0) to approve the budget as requested by the Indian River County Chamber of Commerce, Sebastian Chamber of Commerce, Cultural Council, Historical Society, Treasure Coast Sports Commission and Vero Heritage with an additional $25,000 allocated to the Indian Riven County Chamber of Commerce to work with the Vero Beach Airport to establish a marketing plan. The remaining amount of $4,574 to be placed in the reserve funds. Other Matters Tony Young discussed the calendar of events that will commemorate the Centennial Celebration of Vero Beach. The events will be held throughout the upcoming year. He stated that these events will impact people coming into the community. He advised that the request for funding from the City of Vero Beach for the Centennial Celebration, which was not considered by the Council, was to work with all of the stakeholders to promote the different events and support local businesses. He stated that the Chamber is working with the Centennial Celebration committee to distribute marketing materials -and promote the events. The Council members indicated their support of the events for the upcoming year. Next Meeting Date The next Tourist Development Council meeting will be held on Wednesday, August 22, 2018, at 2:00 p.m. Adiournment There being no further business, the meeting adjourned at approximately 4:56 p.m. FABCOA11 Committees\TDC\2018\May 16 2018\TDC Minutes May 16 2018 APPROVED.doc 7 477 I Humiston Park Lifeguard Tower and Office/Command Center Av` mt November 20, 2018 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 14, 2018 SUBJECT: United Against Poverty (UP) Request for Support to Apply for Funding from JP Morgan/Chase FROM: Tim Zorc Commissioner, District 3 According to the Board's consensus on November 6, 2018, to bring back to the Board a draft letter of support for further discussion, I hereby submit same. I kindly request the Board approve the attached letter of support for United Against Poverty's Advancing Cities Challenge grant application for funds from J.P. Morgan/Chase. 478 November 20, 2018 To: JP Morgan Advancing Cities Challenge Re: Letter of Support, United Against Poverty Advancing Cities Challenge Grant To whom it may concern, The Indian River County Board of County Commissioners strongly supports United Against Poverty's (UP) application for funds from the Advancing Cities Challenge grant from J.P. Morgan/Chase. The Board has supported UP, formerly known as Harvest Food and Outreach, with grants of $34,205 annually since Fiscal Year 2013/2014. The Board has already approved a grant to UP of $10,000 for Fiscal Year 2018/2019. These grants support the UP Rapid Employment Program. UP provides a significant benefit to Vero Beach's economy. Their unique workforce development program, Success Training for Employment (STEP), is designed for individuals with significant barriers for employment. This program has re-engaged many individuals into our local workforce (UP reports 301 to -date since their program's inception). United Against Poverty estimates that the New UP Center facility will expand the number of STEP graduates from 100 to 300 per year. This will increase the available workforce in Vero Beach ready for gainful employment. The Board believes that UP will provide an increase in employment security and certainly add access to services to our more vulnerable citizens. The New UP Center will be a community asset that will benefit our county, our employers and our citizens for years to come. Therefore, the Board encourages J.P. Morgan/Chase to support UP's Advancing Cities Challenge grant application Sincerely, Chairman 479 Date: November 9, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Change Order to Thalle for Milestone 1 of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion Project (Bid #2018025) DESCRIPTIONS AND CONDITIONS: On April 10, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid No. 2018025 to Thalle Construction Company (Thalle), Inc. of Hillsborough, North Carolina, for the construction of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. A Notice to Proceed (NTP) was issued on May 9, 2018. Substantial completion of Segment 2 Partial Closure and Landfill Gas System Expansion phase (Milestone 1) is 180 calendar days (November 5, 2018), and substantial completion of Landfill Segment 3 Cell 2 Expansion phase (Milestone 2) is 360 calendar days (May 4, 2019) from the NTP. Final completion is 390 calendar days (June 3, 2019) from the NTP. On September 17, 2018, Thalle submitted a request to our engineer, CDM Smith, for a 105 -days -in -contract - time extension for Milestone 1, identifying wet conditions as a basis for this request. ANALYSIS: CDM Smith reviewed the request and submitted a recommendation letter on November 9, 2018, to approve the request by Thalle. Per CDM Smith, the new Milestone 1 date would be moved from November 5, 2018, to February 18, 2019. This would be a no -cost change order only, extending the time of Milestone 1. The contractor, being relieved of liquidated damages in the amount of $900 per day, would not be entitled to any claim for additional costs associated with their delay. The Milestone 2 and final completion dates are unchanged by this no -cost change order. Staff supports the recommendation from CDM Smith. FUNDING: The Segment 3 Cell 2 Expansion and Segment 2 Partial Closure projects are funded from separate revenue sources; specifically, the closure cost is paid from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. This is a no -cost change order in contract time and does not require any additional funding. Construction —Segment 3 Cell 2 Expansion 411-169000-17025 $ 7,114,580.00 Construction — Segment 2 Closure 411-239006 (Escrow) $ 8,919,680.00 Grand Total Base Bid Item Nos. 1-7 $16,034,260.00 480 @BCL@1025A874.docx Page 1 of 2 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT �ZoRio� BOARD MEMORANDUM Date: November 9, 2018 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Change Order to Thalle for Milestone 1 of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion Project (Bid #2018025) DESCRIPTIONS AND CONDITIONS: On April 10, 2018, the Indian River County (IRC) Solid Waste Disposal District (SWDD) awarded Bid No. 2018025 to Thalle Construction Company (Thalle), Inc. of Hillsborough, North Carolina, for the construction of the Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. A Notice to Proceed (NTP) was issued on May 9, 2018. Substantial completion of Segment 2 Partial Closure and Landfill Gas System Expansion phase (Milestone 1) is 180 calendar days (November 5, 2018), and substantial completion of Landfill Segment 3 Cell 2 Expansion phase (Milestone 2) is 360 calendar days (May 4, 2019) from the NTP. Final completion is 390 calendar days (June 3, 2019) from the NTP. On September 17, 2018, Thalle submitted a request to our engineer, CDM Smith, for a 105 -days -in -contract - time extension for Milestone 1, identifying wet conditions as a basis for this request. ANALYSIS: CDM Smith reviewed the request and submitted a recommendation letter on November 9, 2018, to approve the request by Thalle. Per CDM Smith, the new Milestone 1 date would be moved from November 5, 2018, to February 18, 2019. This would be a no -cost change order only, extending the time of Milestone 1. The contractor, being relieved of liquidated damages in the amount of $900 per day, would not be entitled to any claim for additional costs associated with their delay. The Milestone 2 and final completion dates are unchanged by this no -cost change order. Staff supports the recommendation from CDM Smith. FUNDING: The Segment 3 Cell 2 Expansion and Segment 2 Partial Closure projects are funded from separate revenue sources; specifically, the closure cost is paid from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. This is a no -cost change order in contract time and does not require any additional funding. Construction —Segment 3 Cell 2 Expansion 411-169000-17025 $ 7,114,580.00 Construction — Segment 2 Closure 411-239006 (Escrow) $ 8,919,680.00 Grand Total Base Bid Item Nos. 1-7 $16,034,260.00 480 @BCL@1025A874.docx Page 1 of 2 RECOMMENDATION: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute the change order in contract time for Milestone 1 by 105 days to Thalle Construction Company, Inc. for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. ATTACHMENT: 1. Thalle Letter of Extension 2. CDM Smith Letter of'Recommendation and Change Order Form 481 @BCL@1025A874.docx Page 2 of 2 TMAr LLE CONSTRUCTION COMPANY A TULLY GROUP COMPANY September 17, 2018 Martin Lewis, P.E., BCEE Construction/Project Manager CDM Smith, Inc. 1701 Florida AIA #301 Vero Beach, Florida 32963 Established 1947 VIA EMAIL: LewisMJ@cdmsmith.com Subject: Project: Indian River County Landfill Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, And Landfill Gas System Expansion. Milestone 1— Request for contract time extension. Dear Mr. Lewis, This letter is to recapitulate what was discussed with regards Milestone 1 schedule in our last meeting on Wednesday, August 29, 2018. As described in the project records, Thalle has faced multiple challenges and obstacles in the construction of Milestone 1, which were totally unforeseen and had a significant impact on the Schedule. These issues were presented in multiple occasions throughout the project meetings and letters submitted on July 5, 2018 and August 13, 2018. Below we summarize the changes in the conditions; • The existing ground consists of wet mulch and solid waste. No 12" of intermediate cover was found or identified as described in the Bid documents. • Existing ground elevations in the drawings, did not match the pre-topo survey, which indicates that the intermediate cover was not brought to 4 feet below the final design elevation as specified in the bid documents. This led us to put great efforts in moving and grading garbage and mulch within the closure area to achieve a leveled ground, positive drainage, and minimum slopes (3: 1). This is a completely different operation than grading the typical intermediate cover and takes more time and effort. As we all know, the current conditions of the closure are not in accordance with the anticipated existing conditions nor the description on the Bid documents. This scenario has caused Thalle to include additional activities, special equipment, and resources with the purpose of preparing the site and providing better conditions for the construction of Milestone 1. Therefore, the incorporation of these activities has significantly delayed the schedule for Milestone 1. After updating the duration for these activities in the schedule, we have been able to identify a potential impact of approximately 105 days, causing the substantial completion for Milestone 1 to be by mid-February 2019. Despite the situation described above on Milestone 1, Thalle has worked diligently to continue with the project and has advanced the construction of Milestone 2. Having said that, we anticipate that the project in its entirety will be completed on time and possibly a few weeks ahead of schedule, looking to be substantially complete by Mid -April 2019. 900 NC Highway 86 North, Hillsborough, NC 27278 1 office: 919.245.1490 1 fox: 919.241.1659 j www.tho114.8-2n T"Ar LLE CONSTRUCTION COMPANY A TULLY GROUP COMPANY Established 1947 It is extremely important to note that another factor that adds up and has deteriorated the scenario even more is the weather conditions. As we all know, we are in the rainy season and with the situation described it becomes even more difficult for us to control the issues in the closure, preventing us from moving forward. Therefore, Thalle is kindly requesting 105 days in contract time extension for Milestone 1. We invite you to analyze and review this matter for the consideration of our request. We look forward to working with you on resolving these issues and minimize any further impact to the schedule. Find attached the updated schedule for your review. If you have any further questions or concerns, do not hesitate to contact me Sincerely, #einaldoalez, PM Thalle Construction cc. Chris Haverstrom P.E. , Thalle Himanshu H. Mehta P.E. , IRC Dan Lauth, CDM Smith Amy M. Hightower, P.E., CDM Smith 900 NC Highway 86 North, Hillsborough, NC 27278 1 office: 919.245.1490 I fax: 919.241.1659 1 www.thall4.$-3n Indian River County Landfill Project- 18-317 September 2018 Schedule Update - RG Date: September 7, 2018 1C) Aa" Name Start Finish 2018 2019 --- JAdMrY 1-- I— Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Indian River Wwrking- cop­y ul Indian River Working copy 0 May-18 A 07 General Conditions 09-Mav-18 A 07-Jun-19 07 I •' I I r 07 tqJProceed 8)— Qg�-Mky�lii A ------------------ --------------------------------- ...... ................. ....... ........ —lAI:k29.- -kqtic�p -(A5MQ%/1 —........ -F 9* MI-030 Milestone I (11105118110 ---------------- ................................... ---------- Milestooe 1 (11/05/18V. A-r-P viept.SubstantialCom hettCri (�5104 1g) -Mav-19* Project S�ubstan —MIMOLMilestone MUM) -Mav-19* Milestoni 2 (051 Completion (06/0.3/19) 07-Jun-19* i i i i i iFit -MI-060 -Final ............ ,.21+Dec-18 Submit ................ I ................. ................ ..... ..... ........ ...... I . als ............. ........... ............. ............... ....... SUB-61d Submit Geosvnthetics Q%Ma -3v-1kA ..Ma. ..Ma. SUB-64 Submit HDPE Pipe 09_Mav_78 A 18Jun_18 A_ SUB-670 Submit Common Fll_ 09 - M qv�JAA— 03-',-1_18 A imon Fill �ubmitDrainage�and -Mav:WA -Aua:1 -::K6EC6 ri- Ij;::!q ML J — ML - Submit D!:ainage Sand SUB-01 0 SubfriitAafety Plan t A9-Mav� - . 8.A— .09�nJult1J.A— —'Submit ty Plan . .......... afi� ................................... ...... ............ ------------------- ------------- ................. .. ------------- . ................. ...... SUB-030----- Hurricane Preparedness Plan Mav�:18 A ma1 v, IIan SUB-750 Submit Gas System #tem Zom onents 09--Mav-18 A -May-t8 Its ective Coved i R�qtkct�ve, --rl t Cover -MaVJ8-A—JQ3:4ul--1.8.A— u A— QralnaoeJRrAcessedAand-/Sai) 09-MavJII-A— P3zJuI--1,k nage Procested Sand Cap u Ag-18-11kA—.27��)un-18-A_ tkqmp�essor�AvAtem essor Systeni ..... ... ........ .............. ..................SUB ................. ............. ......... ....... -­­­­­ ­­­--­-- ------ 810 r Submit Electric Components 09-Mav-18 8-A-1ricComponprits -A—A3L4ul- u. it Schedule -ul -Mav-IfI.A -Mav-14 SUB-5- .09L -A— , u it Tom nora rv-Eacilfties Temporary -RIan— -09-.Mav:.18-A— 18:May.J8­A— I r -R — .09LMav1.J4A_ --it-RretConhotos---.Qg�jul.jjij A_ re-Con Phot c s 13-1-- ubmit_Schedule LoLValues May�,118 -MavI.J0.A J5 ............. ---­-­--­ .0g- -A— . SUB-620 En-clineLeir—Anp 18 A— J1�-n-Jul-4A.A- Jf--Mav-- ................ r Approve G ..................... .................... ....... .............................. . osynthefics ............. ....... ......... — -LQ-K(tAeASyPthetJjcs— SUB-650 Enqinee Awr�oXe,HDPE .Ri e Jk-Mav--18.A— J3--Jul--IA.A_ -::�E�D4dEngineer�A r Approve H IPE Pipe -Mav-18 29-Mavz.18 ,oi)rp-KeLHutricaneLRret)ai�eOnikss�-Elan—j��_ _ -A—. -A— Preparedne s Plan SUB-060 Enqineerftpiro�Ko Schedule J6--Mav�.18-A— Me I Engineer Onprw S026 a UB-1"1-0'Enqine M :j S Engineer AolzromeAchedulgsbtalues— N-- av-48 A— flL4 tm-18-A— uleqfValues; ....... .............. ................. . .............. ...................................... ............. ................. ........... .............. I ...... —SUB-080 EnaineerAi)i)t-o-xeL.Temi)grarv-Eacilkleis-Plan — J��-Mavtlfll A— 04-.,JunLI8-A_ ry Facilitili Oi an . — SUB-760 Enalneer=A ­r -- t)i)mye-Gas-$�vstem-Components —.23_Mav=l$-A -.JunL18-A_ em Compo prits S- UE1&39 I!ro;ureAeqS.v.nthetic -- r s— Jjk4u n:.18 A — M --0.ctJ 8- q_&M re GO(synthetics -S-UB--790 Enqine c.ADDrp-Ke-(ZpmDrpssorAv.siem—.Zo--Jun:,18.A—.20--Auq--18-A— En r��ysineerApprovbCompnssotem Procure- -- -System.!Zqmo�orkeLn-ti�—.02:4u[--lk.�— 25�JuIJA.A— ocure Gas S qeT-Corrlp�qbeqts­ ... ..... ............. .............. .............. -­­-­- ................. .............. ...... ProcureP D - sor�stem 02Jul-1A.A2J:Dec18— -_SUB 800 . -..—.. k 4curedompreq o r System: 30 rocure -'le -024ul 1AA— DOQc18— �i - SUB 680�Engineer Approve -Jul- -!ZAmmonFilI—iD3-4ul-1�-A—J5- 18 A_ er A rove ommon Fill ineer Aoor a ......... riclinApir Approve DrainageSand13--44u 1 -1 J-A — 2 5-.J u I - 1 �8 A Kqk@in-agq!qR' ...... ..... . ........................... ..... I ------------------ I - ------------- noinee vrAyej�rktecthte�qyer �3L-Julnlli.A— 15--Jul.-'liA �— 1WuIJ.8-A— er Approve rotective C ovier er Approve -Jul- n ine�el�A-DI)r�CL%teLi!(CLCe�SS�OSI-SancL(ZaD A3�,Jul--1J-A— - -------------- ----------- --------------- --------- Processed Sand ---------------------------­ ................. ................ ...... _SUB-740 SU6 820 noini�,er.ADDr�o%teElkctCic��omt)pnents .0 3L4u IJI J- A — 22 --So n:.1.8— Eftgin oiliri Electric Coin onentf fA , ]p P 20 Engineer.AmemeSaktit-RIan A er ro Safe Plan gin eerAppr&e .09Ju1-I8—20--u1t18-A_ine B lidEineer Approveno-­=—Pre:;Zon Photos j-Nu UAA­ 23-',-1.18 Pre-Con Photo -A_ SUB-660 Procure HDPE -PiDe-- 16-Jul-1 8 V - 02-Nov-18 . ............................ -------­---- ...... .............•..... MobizionMQELO;ThalleA.Engineer-T�ailer�SetVMQBL4;LEstablish5uryev4nkolsLBase02-',-1_18 IMQB--0L�MqbiIizatiqn-May--10A-L�J-Ju1.A— 06 in--10A P�0941! --�11:Jun-JtA— iter Set Up s t .A --L3.1 J u I J tA —!­Establish ]nLe)L —contr­olSD13­a,. g I in i Actual Work Critical Remaining Work V"84"1 Summary Page I of 4 THA. LLE 7— O Remaining Work Milestone CONSTPUCT)ON COMPANY 1 anurcaourcawPun 454 Indian River County Landfill Project - 18-317 September 2018 Schedule Update - RG Date: September 7, 2018 A3mty ID Acthdty Name Stan Finish 2018 2019 Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Milestone I -Seg CN 2030—1 CN:2010—i-Replace CN-2020 2 Landfill Closure - - 18Jun-18,A 18-Feb-19 I -Concrete Gravitv_Wall 02: ct_18 15Act_18_ Existing Downcomers 09-Noy.16Jan_19_ 1Install Fabriform Outlets 21 Jan-19' 29Jan•19 L. ........ e G v' II Re la it e I eStone - e I = 5 Existing 0owncomers '• stall Fabriforrn Outlets osur ----------- - Z6-No .11, Section • South 1 outheast); CN_2105 Install Gas Wells and Laterals 18Jun•18 21Sep_18— to s e & nd Laterals; } ---------- - --- - --- ----- - ----- ---_--- ; ---......... ................. ................ CN•2100 Striopinq 06-Auq.18 A 05--0 .18 'p in i Initial Survey -Au -10 A 15Act.18_ CN•2110 iti li urvey C rn on Fill "$ CN•2115 Common Fil_I 15- -Qct- 19-0ct-18_ CN 2120 Install Cap Foundation 19_Oct_18* 29-0ct_78� In 11 Cap Foundati CN-2140 40mil LLDPE Geomembrane 26.Od-18* 01•Nov-18 40mi1 LLDPE Geo a brahe ; i CN-2150 Composite Drainage Laver 01-Nov-18 -Nov-_18— Composite Dral a Layer CN_2+160 5:Noy_18— 18_/ B=Protective Cover 01:Noy_18426-Nov-18 18" / 6 " Pr t 've Cover CN_2170 Connect Downcomers 08:Nov_183:Nov_18— Conn@ct Do mels CN•2175 Install Compressed Air Lines 0.8:Nov�183LNoy_18— InstaB:Com a ed Air Lines CN-2180 CN_2205 Install Sod- - -- - -_ - -_- - -- - 16•Nov-18` r Install Gas Wells and _Laterals_ 18Jun_18 21SeD_98— i i i Install So 11 c 18, Section - 0 Gas e85, and terals tfi 2 (Sout}i) CN-2200 Stripping O8:Auq_18 A 10: ct_18_ PpIng CN:2210 Initial Survey 08:Auq_18 A 16- ct_18^ Inkial Su ey CN:2215 Common Fill 10Act_18 15Ad_78— ommon II ° . CN:2220 Install Cap Foundation .24-Qct-J8 30,Oct_18_ In tI Cap bund io CN•2240 CN:22b0 CN-2260 CN-2270 CN�2275 40mi1 LLDPE Geomembrane 02-Nov_18* 09-Nov-18— Composite Drainage l.av-er 09 Noy_18 13:Noy_18— 18_I 6=Protective Cover 1.6_NII 03 Dec_18— Connect Downcomers 26-Noy-18 29_Noy-1.8— Install Compressed Air Lines 28_Noy_18 29_Nov_18— ...... 40mi1 L LDPE a enlbrane Com bsite nal age Layer 18 6 Protective Cover: Con _ D ncome_r_s ..............<............. .4......... ow a L Insta mpressed 'r 'in ` .......... + ------------i----------------i i -------------- .... CN-2280 &N-2 Install Sod 04-Dec-18" 11-Dec-18 ,. Install Gas_Wells and Laterals_ 1-SJun_18 21Sep�18— n a0 $od 27•Dec•18,Se 0s and Lateral on-West --- CN2390 Stripping 10:Aug_18 A 26- ct_18_ Stripping i -- .....I ............................... i .............. - CIl2310 Initial Survey 13-Aug_18 A 26— ct_18_ Ipitial Survey ; CN-2315 Common Fill 26_Oct_18 30Act_18_ : Common Fi CN 2320 CN:2340 Install Cap_Found_ation 30_O.ct_18 05•Noy_18— 40mil LLDPE Geomembrane 05:Noy_18 13:Noy_18— nstall C Fou a on i 40mi1 LLDP G omgmbrane CN:2360 ComDosite Drainage Laver 12:Noy_18 15:Noy_18_ ... .... ........................:.................:..... ;osite r nage Layer ....... ................. ............ ......... .. CN-2360 CN:237-0 18_/ 6_Protec9me Cover 04•Dea_18 18:Dec_18_ Connect Downcomers 11 Dea18 1.4_Dec_18— 18"16 "Protective, nn 3d Downcome' over _CN:2375 Install Compressed-Air Lines 11:DeaJj 14:Dec-18_ 1 stag: Compressed , r Lines - CN-2380 CN:2405 Install Sod 19-Dec 18'_ 27-Der 18 -- r r rr�%r_� 21LSepJA_ Install Gas Wells and Laterals 18Jun_18A�6_N .............. II Sod ' ------ --- ---- -----------18Ja a G s Laterals; -19, Section - North- l -(Northeast Inc To of Berm)--- ------ CN:2400 Stripping 13. Aug_18ov_18— ........_....._----------- -----S�PP9InitialSurmev 15:Aug_1.809:Noy_18— Initial Survey CN-2415 Common Fill 12•Nov18 16 Noy-18 Common F II CN 2420 CN 2440 Install CaD_Foundat on 14:Noy_18 21:Noy_18— 40mi1 LLDPE Geomembrane 20 Noy_18 28-Nom-18 — Composite Drainage Laver 28-Nov-18 30-Nov-18— ---------------- i tl C P.. PEd ion i < `•----------------;--------------- In5446 llmil LL G omembrane C o ite Or nage Layer; ................. CN-2450 CN-2460 18_/ 6 "Protective Cover 19_Dec-18 09Janj19_ 18-16 ", otective Cpver _ CN:2470 Connect Dow-ncomers 27_Dec_18 03Jan_19_ Connect Do comers ti Actual Work ® Critical Remaining Work Vii—mill' Page 2 of 4 THA. LLE Remaining Work ♦ ♦ Milestone I Y CONSTRUCTION COMPANY TINLLYGI-C0r6lNY 488) I Indian River County Landfill Project- 18-317 1 September 2018 Schedule Update - RG I Date: September 7, 2018 1 2 - Seg 3 Cell 2 Oct I Nov I Dec I Jan I Feb I Mar ------------ --- ........... ........... ---------------- - --------------- --------------------------- Instal Sod :A 9 -Jan -19, Section - North2 (North Inc to I of Berm) Install Gas Web and Later, Is: I 8tnppinf I initial Su Vey ---------------- ----------------I--------- -- ..... I . - -Offf . ...... ...... -- ------------- ....... ---------- - ------------- omm( I I Insta I CaO I �ounc ation eomeM)rane 40 Till L.tl IPE C C ' 't D inage'layer )mpos i e 18" '6 " ProtecUve Cover ---------------- ------------ I ------------------ ------------- -- ........... ..... . ...... . --- 40 -------- niI ----------------- ................ - ---------------- ------ Clorin ownco ers stall Compressed Air Lines :1 istall Sod ---w 18-IFeb-19, Site Restoration Item .1 Stan 8" St e Road ---------------- ---------------- I ------------------ ------------- -- ........... ------- - ------ - -in- - .......................... ............... Fabri Form - Ditch Pave Road In0all Barrier -w 08-FebJ,19, Air ComprOssed System; i Air Coifipressed Syst6m I Electrical ................ ................................. ........ ----------------- ........... .. --------- I ------------------------------------ -------------- IComplete Eompressed Qnes Tie-ins S rt.0 for Air Comptessed System 13 -Maj, 19, Mi ------------------------- ............. .. ............ I ------------- ------ ------- ------- ----------- ---------------- - ------------ ...... lion Control Clearing/ Sl 'upping ----------------- --------- J rt C Min9p:Fill to Achi iv#. Subqr@.Op Import - Q ------------- --------- - cessed Sand Install 8" Processed 67n lInstall Sto : Drain Pi flliptical)i n -------------1----------------. ............ - ------ rm ral, IniiW1-06Nl[ i6'tle n- - ------------------------------ f4r Liher Install Geotynthetic C1 IV Liner Install Sec nclary 60 Mil HDPE Membrii .......... ---------------Ins.t.all.Neco-ndiary.U.. P9T. .. .. ... .. .. ... .. Install QO Mil HDPE M Install PrimarkI stall leicheate Man Install Le c - ---------------- -----------....... Install 4 In ............. ---------------------------- ............ ................ 27 -Dec -18, Pump Stations lab Finegrad 4ubbase am -------------- ---------- --- — ------------- -------- ....... ......... --------------- ---------- ----- ------------------ -------------- ......... --- -------- - --------------- ------ ................ ......... Install LdS Pump Manhole Install LCS Pump Elation S pA lte Urainqe ayer brane T on I Actual Work Critical Remaining Work Vm—W Summary Page 3 of 4 s LLC I = Remaining Work Milestone I Aff "Alf' CONSIPOCI)ON COMPANY I Indian River County Landfill Project- 18-317 11an September 2018 Schedule Update - RG Date: September 7, 2018 A ty ID ActNiry Name Start Finish 2018 2019 I Aug Sep Oct Nov Dec Jan Feb Mar Nor May Jun CN-1920 Install LCS Piping 16-00-19 -�24.PP!44 . . N-I930 Install LPS� Electrical) -Qct- lQk-NQx- CN _Ruml)A_LEIeW -QDA— 2L JO— -1A SL4Q Install _LDS _Rumt)LManhole -NQX-1 2k-NO-X--18— ABL 1" IRStall LL;b Flplpq ................ ................. ........ ---------------- --------------- ................. ................ . ............... . ....... I-ERR5 Install LCS Pumps?/ EWctrical / Start-Ups InstallLD' Pump Manhole �O3� _t8_ _01-l"O.Installf LDS _Pump _;�tation5lab____.26-NqX-18 -CtK- Install EDS dump Station Slab CN-1960 Install LDS PiDinq AZ--QkcLlA— 1�i i Install �.I)S Piping. ---------------- CN-1970 Install LDS Pumps / Electrical Start-UDS 11-Dec-18 27-Dec-18 --------------- --------------- I /Start-U s: ...N..Ll?!a�l.�R�.Pu!Rps/Electrica ................ . ................. ....... 11 28-Feb-19, Water Main Extbi sion and Hy' rant CN-1 810 8" PVC WateLliiilaiii n 24nlan-j9 VC Water 'r Main —.27,Qm-18 ----.CN .020.EQJmdAnaILQ:nIIkna .117--Eeb�-19_ Drilling .24:,Jan--19— Jnsta!LH-vkrant-ancLAnc'lllarv-C-omag-no�nts— A7--F-eb--19— J4--F-eb--19- Install Hydrant andAncillary Com cments ----Qi /—Des*rfffection!-Testinci 14--Eeb--t9-- 19 Desi6fection /TeSqrg ------------ -&-U-1RO -Flusinci .25--Eeb- - - — Rt;c*-Wate�.Maini-nAeL!)Clp-k—.25- eb- N-1.8 O.Tte:Ins_L -E -t9 -EAb-A— -------------- ---------------- ................ ---- ------------------------------- 413(aci-Water-Mainir Service 1-1!� Tie-ins -k —.Z8 Project Closeout 09-Mav-19-- 07_-iun--19— IV 07 MO,13_--,0�1,01 RunchlistO�Mav--1928--Mav--19- unchl �MOB_085 -xkE&S�------ A —.28- 4-Remo -Mav-19� -Mav-19 IIINI.Remov .09_0 OL Cillil!W De Actual Work l]llllllill11!lN Critical Remaining Work Vm—V Summary Page 4 of 4 9iijig Remaining Work Milestone CONSIROCTION COMPANY 45/ CDM Smith 1701 Highway A 1 A Suite 301 Vero Beach, Florida 32963 tel: 772 2314301 fax: 772 2314332 November 9, 2018 Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion IRC Contract No.: 2018025 Thalle's Request for a Time Extension to Milestone 1 Dear Mr. Mehta: We have reviewed Thalle's request for a time extension to Milestone 1 of 105 days and have the following observations and comments. Thalle's assertion that the landfill was not as described in the bid documents is not a valid basis for our recommendation. The Contractor attended a mandatory pre-bid meeting and was able to perform additional site visits to determine existing site conditions. The Contractor was also presented with sufficient information prior to bid time to ascertain the conditions at the landfill prior to bid. However, the contractor's assertion that the wet conditions, not just the delay caused by rain events, negatively impacted the working conditions on the hill, is a reasonable basis for granting an extension of time. After further discussions with County staff and Thalle we have identified the undefined conditions experienced and subsequent working sequence impacts. We recommend extending the Milestone 1 date by 105 days as requested. Therefore, the new Milestone 1 date would be moved from November 5, 2018, to February 18, 2019. This would be a no -cost change order only extending the time of Milestone 1. The contractor, being relieved of liquidated damages in the amount of $900 per day, would not be entitled to any claim for additional costs associated with their delay. We note that the Milestone 2 and final completion dates are unchanged by this no -cost change order. Please let us know if this is acceptable to you and the attached change order can be executed with Thalle. If you need additional information or clarification, please do not hesitate to contact our office. 488 Of WATER + ENVIRONMENT+TRANSPORTATION + ENERGY+ FACILITIES CDM - Smith Mr. Himanshu Mehta, P.E. November 9, 2018 Page 2 Sincerely, Martin J. Lewis, P.E., BCEE Project Manager CDM Smith Inc. MJL/jj Attachment File: PW PL1 6706-228608.05.02 cc: Eric Grotke, CDM Smith Kevin Vann, CDM Smith 489 io © 2018 CDM Smith All Rights Reserved CHANGE ORDER 6706-221060 Issued for Bid/January 2018 No. 01 Indian River County Landfill, Project: Segment 3 Cell 2 Expansion, Segment 2 Partial Closure, and Landfill Gas System Expansion DATE OF ISSUANCE November 9, 2018 EFFECTIVE DATE November 5, 2018 OWNER Indian River County OWNER'S Contract No. IRC Bid No. 2018025 CDM Smith Project No. 6706- 228608 CONTRACTOR Thalle Construction Co., Inc. ENGINEER CDM Smith Inc. You are directed to make the following changes in the Contract Documents: Description: 105 day extension to the Milestone 1 time Reason for change order: Wet weather conditions. Attachments: (List documents supporting chanize) CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIME \OrinnitalCoract Price Original Contract Times Milestone 1 - November 5, 2018 $ Substantial Completion: No change Ready for final payment: No Change Das or dates Net changes m previous Chang rders Net change from previous Change Orders No._ to No. No. to No. $ Not Applicable days Contract Price prior to hi hange Order Contract Time prior to this Change Order Milestone 1 - February 18, 2019 $ Substantial Completion: No change Ready for final payment: No Change Das or dates Net Increase (d rease) in this C nge Order- Net Increase in this Change Order $ Milestone 1 + 105 days days Contra Price with all approved Change rders Contract Time with all approved Change Orders $ N Chan e in Contract Price Substantial Completion: No Change Ready for final payment: No Change Das or dates RECOM APPROVED: ACCEPTED: By: By: ENGIN R (Autjd rized Signature) OWNER (Authorized Signature) CONTRACTOR (Authorized Signa re) Date: Date: Date: EJCDC No. C-800 ( 007 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General CONTRACTORS of America. Conformed - May 2018 Supplementary Conditio 0 00800-